Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of financial restrictions on the ability of victims of civil online defamation and harassment to take action.

Individuals who believe they have been defamed online can bring a claim under the tort of defamation, provided it meets the statutory requirements in the Defamation Act 2013, including demonstrating that the statement has caused or is likely to cause serious harm to their reputation.

Victims of harassment can seek civil remedies under the Protection from Harassment Act 1997, which allows applications for injunctions to prevent further harassment and, in some cases, claims for damages.

As with any civil claim there are costs involved which may involve seeking professional advice. The general principle in England and Wales is, however, that legal costs are recoverable; usually the losing party pays the costs, as well as their own, following the event.

To help manage the costs of litigation, individuals may wish to consider a range of funding options, including conditional fee agreements, damages-based agreements, and insurance products such as after-the-event cover. Third-party litigation funding may also be available in some circumstances.

Civil legal aid may be available for injunctions to protect people against harassment. Eligibility depends on both the nature and merits of the case and the applicant’s financial circumstances.