Defamation

The law of defamation aims to protect reputation, and applies to both individuals and companies.

​There are two different types of civil claims for defamation: libel – which relates to the publication of a statement in permanent form, such as in writing, this also includes broadcasts or stage productions;  slander – relates to making a statement by speech, gestures or conduct.

What is the Defamation Legislation?

The Defamation Act 1996 (DA 1996) remains largely in force, the most important provisions being those relating to the offer of amends defence (sections 2 to 4) and statutory privilege (sections 14 and 15).

Since the new Defamation Act of 2013, (DA 2013), came into force on 1 January 2014, a Claimant must demonstrate that the publication of the statement caused or is likely to cause serious harm to their reputation. A few provisions of the Defamation Act 1952 (DA 1952) and of older Acts remain on the statute book, but these are rarely encountered in practice, with the exception of sections 11 (agreements for indemnity) and 12 (evidence of other damages recovered by claimant) of the DA 1952.​

Since the Human Rights Act 1998 came into force, the law of defamation has had to accommodate the provisions of the European Convention on Human Rights (ECHR). It has been recognised in a number of decisions in the European Court of Human Rights that an individual’s right to reputation is part of the Article 8 right to respect for private life.