Defamation & Privacy
Law of libel, slander, and protection of private information including the Defamation Act 2013.
Introducción
Defamation law protects reputation from false statements. The Defamation Act 2013 reformed the law significantly, requiring claimants to prove 'serious harm' to reputation.
In Brief
Defamation requires proof that a statement caused or was likely to cause serious harm to reputation (Defamation Act 2013, s.1; Lachaux v Independent Print [2019]). Key defences are truth (s.2), honest opinion (s.3), and public interest (s.4). Claims must be brought within 1 year of publication (Limitation Act 1980, s.4A), subject to the single publication rule (s.8 DA 2013). Privacy is protected through the misuse of private information tort, balancing Article 8 (privacy) against Article 10 (expression).
Principios fundamentales
Serious Harm Threshold (s.1) — A statement is not defamatory unless it has caused or is likely to cause serious harm to the claimant's reputation.
Libel vs Slander — Libel is defamation in permanent form (writing, broadcast); slander is in transient form (speech). Libel is actionable per se; slander generally requires proof of special damage.
Truth (s.2) — Complete defence if the defendant shows the statement is substantially true.
Honest Opinion (s.3) — Defence for statements of opinion based on facts indicated or known to the audience.
Public Interest (s.4) — Defence where publication was on a matter of public interest and the defendant reasonably believed publication was in the public interest.
Misuse of Private Information — Tort protecting private information where the claimant has a reasonable expectation of privacy. Balances Art 8 (privacy) against Art 10 (expression).
Limitation Period — One year from publication date (Limitation Act 1980, s.4A).
Leyes clave
Defamation Act 2013
Human Rights Act 1998
Casos principales
Campbell v MGN Ltd
[2004] UKHL 22
Lachaux v Independent Print Ltd
[2019] UKSC 27
Reynolds v Times Newspapers Ltd
[2001] 2 AC 127
Escenarios comunes
False review posted online about your business
Potential libel claim under the Defamation Act 2013 if the statement causes serious harm. Can seek removal, damages, and an injunction. Must bring claim within one year.
Newspaper publishes private photos
Claim for misuse of private information if there was a reasonable expectation of privacy. The court will balance the right to privacy (Art 8) against freedom of expression (Art 10).
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Frequently Asked Questions
What is the serious harm test in defamation law?
Under s.1 of the Defamation Act 2013, a statement is not defamatory unless it has caused or is likely to cause serious harm to the reputation of the claimant. For bodies that trade for profit, serious harm means serious financial loss. The threshold was confirmed in Lachaux v Independent Print Ltd [2019] UKSC 27. The purpose is to filter out trivial claims and protect freedom of expression.
What defences are available to a defamation claim?
The main statutory defences under the Defamation Act 2013 are: truth (s.2 — the statement is substantially true), honest opinion (s.3 — it is opinion, not fact, based on facts indicated), and publication on a matter of public interest (s.4 — the defendant reasonably believed publication was in the public interest). Absolute privilege applies to statements in Parliament and court proceedings.
Is there a right to privacy in English law?
There is no general tort of privacy in English law, but the tort of misuse of private information provides significant protection. A claimant must show they had a reasonable expectation of privacy in relation to the information, and then the court balances their Article 8 right (privacy) against the defendant's Article 10 right (expression). Damages, injunctions, and account of profits are available.
How long do I have to bring a defamation claim?
Under s.4A of the Limitation Act 1980, defamation claims must be brought within 1 year of publication. For online publications, the 'single publication rule' (Defamation Act 2013, s.8) means the limitation period runs from the first publication, not from each subsequent access of the material. The court has a discretion to extend the 1-year period under s.32A Limitation Act 1980, but this is used sparingly.
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