need advice re character assassination!

Hi
A club I am involved with is primarily run by one individual, has been in existence for 10 years and the club is viewed as her club and their is a strong association between the club name and her. Someone has set up a similar club and is actively poaching club members and telling them that my friends club is on its last legs, no longer delivering the goods etc. My question is whether, because if the strong association bewween the club and its owner, this could be considered to be an attack on my frends character and good name.
Many thanks

Galwaygirl said:

... telling them that my friends club is on its last legs, no longer delivering the goods etc. ...

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I don't see how this amounts to character assassination and even if it was, is character assassination either a crime or a civil matter?

Did you ever consider that there may be a valid point been made !

I was thinking along the lines of defamation of character and whether or not it is possible to do anything about blatant lies being spread in a smear campaign which have resulted in extremely adverse effects on a business. There is also a potential knock on with the umbrella organisation under which the club operates. If anyone with a legal background has any views I would be very appreciative. I never suggested I thought it might be a criminal offence, but I did think that there were laws to stop slander etc.

You're telling different stories as the thread progresses.

In the first post you allege that uncomplimentary comments are being made about a club, but give no indication as to the truth or otherwise of the comments.

This then progresses in your second post to "blatant lies" about a club potentially having an adverse effect on its parent organisation rather than the concern for "an attack on my frends character and good name" as expressed in the first post.

Maybe if you clarify what you see happening and where you see the wrong being done someone could post helpful suggestions.

The OPs original post indicates that the comments are being made about the club, not the individual. The members own the club, the members appoint the officers and the members mandate how the club is run, so I cannot see how an attack on the club generally can necessarily be seen as character assasination of one individual officer.

There is also a potential knock on with the umbrella organisation under which the club operates.

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I assume the umbrella organisation also regulate the other club - has this matter been raised with the umbrella organisation and what is their view? I would imagine that if one club was spreading lies about another, there would be severe discipinary action taken by the umbrella organisation.

The other thing you must consider in all this is that generally speaking, you may have to exhaust the avenues open to you as members of the umbrella organisation before going to legal action.

It sounds like this 'club' is actually a private business rather than an owned-by-members club; a gym or some such thing perhaps? If lies are being told about your friend's business, and if she is the business, then it is entirely possible that there is an actionable slander. However, I cannot see that it would be a financially viable route for her to take - defamation actions are for policitians and rock stars.

Mathepac - when I say 'There is also a potential knock on with the umbrella organisation under which the club operates' I mean for my friends club if the lies are spread to the parent organisation and believed. I am not 'changing my story', in my original post I assumed it would be obvious that the comments etc were untruths as I would hardly otherwise be wondering if they were slanderous!

MOB, you have summed the situation up pretty neatly, I was not thinking about the sueing route etc., what I am trying to work out is whether it might be possible to complain to the umbrella organisation and realistically expect them to take any action. In small towns your reputation is pretty important, especially when you work with children!

Defamation can equally apply to an organisation as to an individual. So it is possible to defame a club/business, in exactly the same way as it is possible to defame an individual.

Let's assume you are correct, and: a) the smears/rumours are untrue... and b) they are damaging to the club/business.

Well then, a) + b) = the legal test for defamation, if both a) and b) can be proven

If your friend (and by default your friend's good name) is closely associated, as you say, with the club/business, it is also entirely possible that your friend has been personally defamed. So either your friend, or your friend's club/business, could take action.

I can't see how the umbrella group can be held to be responsible for sorting this out. They did not perpetrate the defamation. The only way they could be dragged into it is if the umbrella organisation trades under a certain brand name, for example, and your friend's club/busines is a franchisee of that brand. Well then the umbrella organisation could take action on the basis that the overall brand is being damaged.

What I would suggest is that your friend's club/business sends a solicitor's letter to the alleged perpetrator of the defamation asking them to desist from making defamatory comments, and outlining the nature of the defamatory comments made, and also outlining who it is believed made those comments, and if possible, to whom they were made. The umbrella organisation should also be made aware of this.

@MOB. I disagree that a defamation action is only for 'rock stars and politicians'. But sometimes, particularly if you just want the defamation to stop and you aren't seeking financial compensation, you don't need legal action. You just need the threat of legal action.

mathepac said:

I don't see how this amounts to character assassination and even if it was, is character assassination either a crime or a civil matter?

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If the rumours can be shown to be untrue, it is clearly defamation. This may be a civil matter, but it is still illegal.

It was once also possible to prosecute for criminal libel, but this was abolished in the most recent defamation bill last year.

Many thanks Riad_Bsc, the solicitors letter was the route I was thinking of.The umbrella organisation involvement is that they are the body under which all similar organisations are registered/insured etc. Membership of the umbrella organisation requires certain codes of conduct and I would have thought what this individual is up to falls well outside those!