What are "hurty words" and can I be sued for them?

The phrase "hurty words" has been popularised in UK based social media, by those who object to any curtailment of freedom of speech. Hurty words are often referred to in the context of publications which some find offensive, and can often stray into the realms of defamation and harassment. 

What does hurty words mean?

The phrase "hurty words" is defined the in Urban Dictionary as:

"of British origin and related to 'offence archaeology'; social media words/phrases picked by entities and held up to the general public with great fanfare, an act which then backfires due to wide public opposition/pushback/indifference. Effectively, such 'hurty words' are not deemed important in the greater public sphere and are seen as a generally time-wasting, childish distraction.

When a pursuing (often state) entity appears to actively seek out and prioritise wording trivialities within the language of social media, while ignoring or failing the much more important or pressing issues in society, effectively seeming to 'sweat the small stuff.'

"Plod looking for hurty words on X instead of catching 6 gazillion mobile phone thieves on e-scooters on the streets."

"They're boycotting So-and-so because So-and-so's grandma said a hurty word fifty years ago."

It has become synonymous with insults between social media users, but has roots in more serious racial and misogynistic content, which can have a profound effect upon the target of the insults. 

Can I be sued for Hurty Words?

Yes, you can be sued for publishing so called "hurty words". There are circumstances in which you could be sued for publishing what you consider to be "hurty words" if they cross the threshold of what the law deems to be acceptable. For example:

• If the words you publish about someone else are untrue, even if they are meant to be light-hearted or a joke, you can be sued for libel or slander if your words cause serious harm to their reputation; 
• If you publish material which infringes someone else's right to a private and family life (for example exposing information about their health, sexuality, or where they live), you could be sued for breach of privacy; or
• If you repeatedly publish material about the same person, and make them feel threatened, even if what you are saying about them is true, you could be sued for harassment.

If you are sued for libel, slander, breach of privacy or harassment as a result of your publications, you could find yourself having to pay substantial compensation and legal costs to your opponent. 

What about freedom of speech?

Freedom of speech is protected under English law. It is a very important right and the law will intervene if someone seeks to curtail your rights unfairly. Freedom of speech means gives you the right to express your views without interference. 

The right to freedom of speech has to be balanced against the rights of individuals to a private and family life, as well their right not to be defamed or harassed and it is often difficult to predict which right will outweigh the other, in court proceedings. 

Get legal advice about hurty words online

If you want advice about whether you would be sued for publishing certain material online, or if you have been the victim of libel, slander, harassment or breach of privacy by someone who tries to minimise their actions by calling them "hurty words", we will be able to help you. 

We have many years of experience dealing with all types of reputational claims. Contact us today to find out whether you are at risk of being sued because of something you have published, if you want to know if you can be sued for leaving a bad review, or if you want to bring a claim against someone who has published something untrue about you. 

For libel and slander claims you only have 12 months to start your claim in court, so it is a good idea to get legal advice as quickly as possible.