Last amended by Defamation Act 2013 in 2013. Raised the threshold for defamation claims (serious harm test), introduced new statutory defences (truth, honest opinion, publication on a matter of public interest), and abolished the presumption in favour of jury trial. The s.1 innocent dissemination defence and the offer-to-make-amends procedure survive.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Defamation Act 1996 reformed aspects of defamation law in England & Wales. It introduced the 'offer to make amends' procedure (allowing publishers to apologise and pay compensation as a defence), established the 'innocent dissemination' defence for distributors, printers, and broadcasters, and reduced the limitation period for defamation claims to one year. While partially superseded by the Defamation Act 2013, several provisions remain in force.
Key Points
- Offer to make amends (ss.2-4) — a publisher who offers to publish a correction, apologise, and pay compensation has a defence if the offer is refused
- Innocent dissemination defence (s.1) — a person who is not the author, editor, or publisher of a defamatory statement has a defence if they took reasonable care
- One-year limitation period (s.5) — claims must be brought within one year of publication (extended from 3 years for personal injury)
- Summary disposal (ss.8-10) — court may dispose of defamation claims summarily, awarding up to £10,000 in damages
- Qualified privilege for fair and accurate reports of public proceedings (s.15 and Schedule 1)
Parts & Sections
Amendments History
2013 — Defamation Act 2013
Raised the threshold for defamation claims (serious harm test), introduced new statutory defences (truth, honest opinion, publication on a matter of public interest), and abolished the presumption in favour of jury trial. The s.1 innocent dissemination defence and the offer-to-make-amends procedure survive.
Frequently asked questions
- How long do I have to bring a defamation claim under the 1996 Act?
- The Defamation Act 1996 reduced the limitation period for defamation claims to one year from the date of publication. This is a significant reduction from the previous three-year limit. However, the court retains a judicial discretion to disapply this time limit in certain circumstances.
- What is the 'offer to make amends' defence?
- The 'offer to make amends' procedure allows a publisher to offer a suitable correction, a sufficient apology, and agreed compensation. If this qualifying offer is refused, it serves as a defence to the claim unless the claimant proves the defendant knew or had reason to believe the statement was false and defamatory.
- Who can use the innocent dissemination defence?
- The innocent dissemination defence applies to individuals who are not the author, editor, or commercial publisher of a defamatory statement. To rely on this defence, the person must show they took reasonable care and did not know, and had no reason to believe, they were contributing to a defamatory publication.
- Can a court deal with a defamation case without a full trial?
- Yes, the court may dispose of defamation claims summarily. It can dismiss a claim if it has no realistic prospect of success or give judgment for the claimant if there is no defence with a realistic prospect of success. Damages awarded in such summary disposal are capped at £10,000.
- What are the main changes the Defamation Act 1996 made to the law?
- The 1996 Act introduced the offer to make amends procedure, the innocent dissemination defence, and a one-year limitation period. Although the Defamation Act 2013 introduced new defences and a serious harm test, the 1996 Act's provisions regarding innocent dissemination and making amends remain in force.