Should a council respond in a statement to rude, offensive and potentially defamatory comments?

It is not advisable to respond to every piece of negative criticism and it is not good practice to allow a specific group or individual to elicit a knee-jerk response to their statements often on social media.  However, if there is a lot of inaccurate information and personal animosity building up there may come a point that further steps become necessary. 

Any statement is being issued in the name of the parish/town council so it must ensure that it is not defending an individual on political grounds because the council is using public funds the council should remain as factual and objective as possible to explain and ensure facts are being shared in a transparent and open manner and personal comments are not included. 

The following draft example statement and other steps to take might be helpful to set the right tone. 

Statement in Response to Online Commentary

The [Parish/town Council Name] is aware of recent online commentary concerning the council and individual councillors. While we respect the right to freedom of speech and encourage open dialogue, we are concerned about the tone and content of some of these posts.

Specifically, we have noted:

• Rude and Offensive Language: Some posts contain language that is disrespectful and personally insulting.

• Potentially Defamatory Statements: Certain statements made online may be considered defamatory, as they could damage the reputation of individuals and/or the council.

The Parish/town Council would like to emphasize the following:

• Commitment to Public Service: Councillors are volunteers who dedicate their time and effort to serving the community.

• Constructive Engagement: We welcome constructive criticism and feedback, which helps us to improve our work. We encourage residents to engage in respectful and productive discussions.

• Unacceptable Behaviour: Rude, offensive, and defamatory statements are unacceptable and undermine productive dialogue.

• Taking Action: The Parish/town Council reserves the right to take appropriate action regarding defamatory statements, including but not limited to reporting them to the relevant social media platforms and/or legal authorities.

We encourage everyone to engage in online discussions respectfully and responsibly. We remain committed to serving the community and working together to address local issues.

Additional points to consider including depending on the specifics:

• Specific examples of positive work the council has done. This can help to counter negative narratives.

• Information about how residents can provide feedback or raise concerns through official channels. This encourages constructive engagement.

• A statement about the council's code of conduct or social media policy. This reinforces expectations for behaviour.

• A reminder that individual councillors may also pursue action independently against defamation.

Important Considerations:

• Legal Advice: It is crucial for the Parish/town Council to consult with legal advisors before issuing any statement, especially one addressing potentially defamatory content. A lawyer can advise on the specific wording and potential legal ramifications.

• Tone: The statement should maintain a professional and measured tone, avoiding any inflammatory language.

• Platform: Consider where the statement will be published (e.g., council website, social media).

By issuing a clear and measured statement, the Parish/town Council can address the online commentary while upholding its commitment to public service and constructive dialogue.

Should it contain any detail about the specific rude words and offensive words or counter the potentially defamatory words?

No, it's generally not advisable to include specific details of the rude, offensive, or potentially defamatory words in the public statement. Here's why:

• Amplification: Repeating the offensive words, even in the context of condemning them, can amplify their reach and impact. You risk exposing them to a wider audience who may not have seen them originally.

• Focus Shift: Detailing the specific allegations can shift the focus from the council's message (respectful dialogue, commitment to service) to the negativity itself. It can inadvertently give more attention to the very thing they are trying to address.

• Legal Risks: Directly countering potentially defamatory statements in a public forum can be legally complex. It could inadvertently strengthen the original claims by giving them more credence or create new legal vulnerabilities for the council. It is best to let legal advisors  advise on how to handle specific defamatory statements.

• Escalation: Engaging in a point-by-point rebuttal can escalate the situation and create a back-and-forth exchange, which is unlikely to be productive. It can draw the council into a public argument.

Instead of detailing specifics, the statement should:

• Refer generally to the nature of the posts: As the draft does, using phrases like "rude and offensive language" and "potentially defamatory statements" is sufficient.

• Emphasize the impact of the behaviour: Focus on how the behaviour undermines productive dialogue, discourages public service, and damages the community.

• Reiterate the council's commitment to positive engagement: Highlight the council's willingness to listen to constructive criticism and work with residents.

• State the council's position on legal action: Clearly state that the council reserves the right to take appropriate action, including legal action, regarding defamatory content. This sends a clear message without getting into specifics.

How to handle specific defamatory allegations:

• Seek legal advice: This is paramount. A lawyer can advise on the best course of action, which might include:

• Sending a "cease and desist" letter to the individual(s) responsible.

• Reporting the content to the social media platform.

• Initiating legal proceedings for defamation (as a last resort).

• Do not engage in public debate about the specifics: Resist the urge to respond to individual posts or comments that contain defamatory material. This can be difficult, but it's crucial for protecting the council's position.

By avoiding specific details in the public statement and focusing on the broader issues of respectful discourse and appropriate behaviour, the Parish/town Council can maintain a professional stance, avoid amplifying negativity, and protect its legal position.

Remember that LALC can check a statement to make sure it meets the above standards and also provide advice, guidance and connections to get legal advice including accessing free legal advice from NALC.  Where the parish/town council has an insurance policy they may be able to access the free legal advice line often provided by the insurance company.  This is not regarded as a ‘claim’ for insurance purposes.  If legal action is needed and the council has taken out the appropriate legal cover in the insurance policy then the council must advise their insurers immediately that they need to claim as the insurers and legal advisors will seek ways to deal with the claim and, if necessary, seek settlement or pay for a legal route to be undertaken.