Defamation Law.

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Defamation Law Solicitors

Defamation law protects individuals and organisations from false statements that cause or are likely to cause serious harm to their reputation.

It must also balance that protection against freedom of expression and the right to publish truthful information, honestly held opinions and material concerning matters of public interest.

Defamation disputes can arise from newspaper articles, television and radio broadcasts, websites, online reviews, emails, letters, social media posts, videos, podcasts and spoken statements.

The defamation solicitors listed on Solicitors.com may advise individuals, businesses, publishers, journalists, website operators and social media users about threatened or existing publications.

What Is Defamation?

A statement may be defamatory where its publication has caused, or is likely to cause, serious harm to the reputation of an identifiable person or organisation.

A statement need not expressly name the claimant. It may be sufficient if people who know the surrounding circumstances would reasonably understand that the statement referred to them.

Generally, the statement must have been communicated to at least one person other than the claimant. A private insult communicated only to the person concerned will not ordinarily amount to a published defamation.

The meaning of a statement is assessed in its full context. The court may consider the natural and ordinary meaning of the words, any implication or inference, and whether particular readers possessed additional relevant knowledge.

What Is the Difference Between Libel and Slander?

Libel

Libel generally concerns defamatory statements published in a permanent form. Examples can include:

• newspaper or magazine articles;
• letters and emails;
• web pages and online reviews;
• social media posts;
• photographs, cartoons and graphics;
• recorded videos and podcasts; and
• television or radio broadcasts.

Slander

Slander generally concerns defamatory statements made in a temporary form, most commonly spoken words or gestures.

A claimant in a slander case may need to prove actual financial loss unless the allegation falls within a recognised exception. Specialist advice should be obtained because the distinction between libel and slander can affect what must be proved.

The Serious Harm Requirement

Under the Defamation Act 2013, a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to theclaimant'ss reputation.

It is not enough to show that the words were insulting, embarrassing, offensive or inaccurate. The claimant must demonstrate sufficiently serious reputational harm by considering the meaning of the allegation, the extent of publication, the identity of the recipients and the actual or probable consequences.

Where the claimant is a body trading for profit, serious harm means serious financial loss.

Who Can Bring a Defamation Claim?

A claim may potentially be brought by:

• an identifiable living individual;
• a company or other body trading for profit that can demonstrate serious financial loss; or
• certain other legal entities capable of possessing a reputation.

A person cannot generally bring a defamation claim on behalf of someone who has died. Claims concerning large or indistinct groups may also fail where the words cannot reasonably be understood to refer to the particular claimant.

Public authorities are subject to substantial restrictions on bringing defamation proceedings. Different causes of action may sometimes be relevant where a conventional defamation claim is unavailable.

Defamation on Social Media and the Internet

Statements published on social media, discussion forums, review websites, messaging groups and other online platforms can give rise to defamation claims.

Publication may include creating the original post, republishing another person's allegation or adding words that adopt or endorse it. Whether sharing, liking, linking to or reacting to material amounts to publication will depend on the circumstances.

Deleting a post does not necessarily end the matter. Copies, screenshots, search engine records, and further publications may remain available.

A person who believes they have been defamed online should preserve evidence before requesting removal. This can include screenshots showing the complete publication, account details, dates, comments, sharing figures and the web address.

Online Reviews

Consumers are generally entitled to publish genuine accounts of their experiences and express honestly held opinions. However, a review may create legal risk if it contains false factual allegations that seriously damage the reputation of a person or business.

Businesses should respond carefully. Aggressive or unjustified legal threats may worsen the dispute, attract further publicity and increase costs.

A solicitor can assess whether the review expresses an opinion, makes a factual allegation, has caused serious financial loss and may be protected by a defence.

Common Defences to Defamation

A statement may appear damaging but still be legally defensible. The principal statutory defences include truth, honest opinion and publication on a matter of public interest.

Truth

It is a defence for the defendant to show that the defamatory allegation conveyed by the statement was substantially true.

The defendant need not prove that every minor detail was accurate, but must establish the substantial truth of the defamatory meaning complained of.

Honest Opinion

A defendant may rely on honest opinion where the statement was recognisable as opinion, indicated the basis of that opinion and was an opinion an honest person could have held on the facts existing at the time.

Simply describing an allegation as an opinion will not necessarily provide protection where the words are properly understood as asserting undisclosed facts.

Publication on a Matter of Public Interest

A defence may be available where the statement concerned a matter of public interest and the defendant reasonably believed that publishing it was in the public interest.

The court will consider all the circumstances of the case. This defence can be relevant to journalists, publishers, campaigners, organisations and individuals discussing matters of genuine public concern.

Privilege

Certain statements are protected by absolute or qualified privilege.

Absolute privilege may apply to statements made in certain settings, including parliamentary and judicial proceedings.

Qualified privilege may protect certain fair and accurate reports, legal or social duties and communications made between people with a corresponding interest, subject to the applicable legal requirements.

Website Operators

A website operator may have a statutory defence where another person posted the defamatory statement. The availability of the defence depends on matters including whether the claimant could identify the poster and whether the operator followed the prescribed notice procedure.

Separate protections may also apply to intermediaries and people who were not the author, editor or commercial publisher of the statement.

Other Claims Involving Harmful Publications

Not every damaging or distressing publication amounts to defamation. Depending on the facts, a solicitor may also consider claims involving:

• malicious falsehood;
• misuse of private information;
• breach of confidence;
• data protection law;
• harassment;
• copyright infringement; or
• breach of contract.

These claims have different legal tests, defences, remedies and limitation periods.

What Should You Do if You Have Been Defamed?

Act promptly and preserve all available evidence. You should avoid entering into a prolonged public argument or repeating the allegation more widely than necessary.

Useful evidence may include:

• a complete copy or screenshot of the publication;
• the date, time and location of publication;
• the identity of the author, publisher and recipients;
• links, account names and platform information;
• comments, reposts, viewing figures or circulation information;
• messages from people who saw or heard the allegation;
• evidence of lost work, customers or income; and
• earlier communications showing that the allegation was false.

A solicitor can advise whether to seek removal, correction, an undertaking not to republish, an apology, compensation or urgent court relief.

Receiving a Defamation Complaint

A person accused of defamation should not assume that removing the statement or issuing an immediate admission is always the correct response.

Preserve the publication and the evidence on which it was based. Avoid destroying documents, altering records or repeating the disputed allegation. At the same time, legal advice is obtained.

A solicitor can assess the meaning of the statement, whether serious harm has occurred and whether a defence such as truth, honest opinion, public interest or privilege may apply.

The Pre-Action Protocol

Parties to a defamation dispute are normally expected to follow the Pre-Action Protocol for Media and Communications Claims before court proceedings are issued.

A letter of claim should generally identify:

• the statement complained of;
• the publication in which it appeared;
• the defamatory meaning alleged;
• the factual inaccuracies relied upon;
• the serious harm caused or likely to be caused; and
• the remedies being sought.

The defendant should provide a reasoned response stating whether the claim is accepted or disputed and identifying any defence relied upon.

The protocol encourages the parties to exchange information, narrow the issues and consider settlement or another form of dispute resolution before beginning proceedings.

How Long Do You Have to Bring a Defamation Claim?

Defamation proceedings must generally be started within one year of the date on which the statement was published.

The court has limited discretion to permit a claim outside that period, but this should not be relied upon. Time may be required to identify an anonymous publisher, obtain evidence and comply with the pre-action procedure, so urgent legal advice is important.

The single publication rule generally means that the limitation period runs from the first publication of substantially the same statement by the same publisher, rather than restarting each time the material is subsequently accessed online.

A materially different or later republication may require separate consideration.

Anonymous Publications

Where defamatory content has been published anonymously, it may be possible to seek information from a website operator, platform or internet service provider to help identify the author.

Obtaining identifying information may require a court application and may involve jurisdictional, privacy, and data protection issues. Information may also be deleted under a provider's retention policy, making early action important.

Remedies for Defamation

Possible remedies can include:

• removal of the statement;
• an undertaking not to repeat the allegation;
• a correction or retraction;
• an apology or statement in open court;
• damages for reputational harm and financial loss;
• an injunction preventing further publication; and
• payment of some or all of the claimant's legal costs.

An injunction restraining publication before a full trial is not granted automatically. The court must consider freedom of expression and whether the claimant is likely to establish that publication should not be allowed.

Defamation Claims by Businesses

A company trading for profit must demonstrate that the publication has caused, or is likely to cause, serious financial loss.

Relevant evidence may include:

• lost customers or cancelled contracts;
• reduced sales or enquiries;
• termination of commercial relationships;
• withdrawal of investment or finance;
• additional expenditure required to address the allegation; and
• evidence linking the publication to the financial loss.

Damage to feelings is not available to a company in the same way as it may be relevant to an individual claimant.

Costs and Risks of Defamation Proceedings

Defamation proceedings can be complex and expensive. The unsuccessful party may be ordered to pay a substantial proportion of the successful party's legal costs.

Before proceedings are issued, a solicitor should consider the strength of the claim or defence, the extent of publication, available evidence, likely remedies, proportionality and whether the proposed defendant can comply with any judgment.

Early negotiation, mediation or a suitable correction may provide a faster and more proportionate solution than a contested trial.

Where Are Defamation Claims Heard?

Defamation claims issued in the High Court are dealt with in the specialist Media and Communications List within the King's Bench Division.

Claims for libel or slander cannot ordinarily be started in the County Court unless the parties have agreed in writing. A specialist solicitor can advise on the correct court and procedure.

Find a Defamation Solicitor

Defamation law is highly specialised and strict time limits apply. Obtain advice promptly if a damaging statement has been published about you or your business, or if you have received a complaint about something you have published.

Use Solicitors.com to find defamation and media law solicitors throughout England and Wales, or submit an enquiry through our Ask a Solicitor service.

Important: This guide provides general information about defamation law in England and Wales. It is not legal advice. Different legislation and procedures apply in Scotland and Northern Ireland.