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.

 

In some cases, it will be necessary to balance that right against the right to freedom of expression enshrined in Article 10. We understand the human rights legislation and how this has to be interpreted alongside defamation law of libel and slander.​The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) (E-Commerce Regulations) can also be relevant in cases involving allegations of online defamation, as they protect innocent disseminators of defamatory material over the internet.​All EU case law that was current at the end of the post-Brexit transition period was retained as part of UK law. However, the UK courts may depart from that case law, subject to certain limitations set out in the UK-EU withdrawal agreement. The EU caselaw continues to have some relevance in UK law on an ongoing basis, although EU principles and decisions made after the end of the transition period are not binding on UK courts or tribunals.

 

​Possible defamation claimants may have other legal options available to them. We can advise you on whether you have a claim for defamation and/or if there is a claim for malicious falsehood, breach of confidence, misuse of private information, harassment, breach of data protection laws and infringement of intellectual property rights.

 

We act for clients and advise on every aspect of defamation law and related tort actions.​