Is it defamatory to call someone a nonce?

If someone is called a "nonce", it is more likely than not that they would be able to bring a claim for damages for defamation. 

The word "nonce" has become a more commonly used term in recent years, having found its origins in prison slang for serious sexual offenders who were not allowed to mix with other inmates. It is thought that the acronym NONCE (Not On Normal Courtyard Exercise), was used to designate prisoners who had committed crimes so serious that they could not be permitted to mix with others, for their own safety. 

The word "nonce" has moved beyond prison slang to become part of modern English language, and has become synonymous with individuals who engage in sexual offending, particularly against children. 

There have been several cases where someone has publicly called another person a nonce, without any foundation and with the intention of causing harm to the other person. This has led to High Court proceedings being issued for libel or slander, (depending on whether the untrue words were written or spoken), both of which are types of defamation claims. 

Meaning of the word "nonce"

If someone has called you a "nonce", the first stage in any claim for libel or slander, is for the Court to decide what they actually meant when they said this about you.

It is typical for a claimant in defamation proceedings to claim that the word nonce means that they were being accused of being a paedophile. A defendant might try and argue that the word had an alternative and less serious meaning, for example that the claimant is an idiot, or a horrible person.

If someone has called you a nonce, it is ultimately up to the judge to decide what the meaning of the word "nonce" is, at a preliminary trial. The judge decide this based on what the hypothetical reasonable reader of the defamatory post would understand it to mean. 

In the case of Vine v Barton, Samuels Solicitors LLP acted for the broadcaster Jeremy Vine, who sued ex-footballer and podcast host Joey Barton for libel and harassment, after Joey Barton repeatedly referred to Mr Vine as a "bike nonce", publishing his defamatory posts on X to millions of followers. The term became a hashtag which was trending on X for a number of days and was repeated extensively by Barton's followers. 

At the preliminary trial, the meaning of the words "bike nonce" was debated. Mrs Justice Steyn decided that the word "nonce" was the operative word in the phrase. The claimant submitted that nonce meant having a sexual interest in children and the defendant asserted that nonce in its natural and ordinary meaning, was a stupid or worthless person. The defence went further to say that for a hypothetical reasonable reader to make the association between a nonce and a paedophile, they would be acting carelessly and would be unsophisticated. 

Mrs Justice Steyn agreed with the claimant Mr Vine that the word "nonce" was synonymous with the word paedophile.

Mr Barton ended up paying significant damages to Mr Vine, as well as his legal costs.

Have you been wrongfully accused of being a paedophile?

If you have been defamed by someone calling you a nonce, or a paedophile, and you want to bring a claim for damages, we can help. Contact us to speak to the lawyers who brought Mr Vine's successful claim against Joey Barton. 

article credit: Lily Wilson