Last amended by Defamation and Malicious Publication (Scotland) Act 2021 in 2021. 8 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Defamation Act 2013 reformed the law of defamation in England & Wales to address concerns about the chilling effect of defamation law on freedom of expression. It introduced a serious harm threshold, new statutory defences (truth, honest opinion, publication on a matter of public interest), and provisions dealing with website operators and peer-reviewed publications. It also abolished the common law defences of justification and fair comment, replacing them with the statutory defences.
Key Points
- Statement must cause or be likely to cause 'serious harm' to reputation (s.1)
- For bodies trading for profit, serious harm means serious financial loss (s.1(2))
- Defence of truth replaces justification (s.2)
- Defence of honest opinion replaces fair comment (s.3)
- Defence of publication on a matter of public interest replaces Reynolds privilege (s.4)
- Website operators: defence where they did not post the statement (s.5)
- Single publication rule: one-year limitation from first publication (s.8)
- Presumption in favour of trial by judge alone, not jury (s.11)
- Serious harm threshold — must cause or be likely to cause serious harm to reputation (s.1)
- Defence of truth (s.2 — replaces justification)
- Defence of honest opinion (s.3 — replaces fair comment)
- Defence of publication on matter of public interest (s.4 — replaces Reynolds privilege)
- Defence for website operators (s.5)
- Single publication rule — one-year limitation from first publication (s.8)
- Presumption against jury trial (s.11)
- Serious harm threshold (s.1)
- Defence of truth (s.2)
- Defence of honest opinion (s.3)
- Defence of publication on matter of public interest (s.4)
- Single publication rule (s.8)
Parts & Sections
Amendments History
2013 — The Defamation Act 2013 (Commencement) (England and Wales) Order 2013
16 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2021 — Defamation and Malicious Publication (Scotland) Act 2021
8 recorded amendment effects (legislation.gov.uk changes data).
2019 — The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019
5 recorded amendment effects (legislation.gov.uk changes data).
2013 — The Defamation Act 2013 (Commencement) (Scotland) Order 2013
2 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2014 — The Civil Jurisdiction and Judgments (Amendment) Regulations 2014
1 recorded amendment effect (legislation.gov.uk changes data).
Frequently asked questions
- What is the serious harm threshold in defamation law?
- Under the Defamation Act 2013, a statement is not considered defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation. This threshold was introduced to address concerns about the chilling effect of defamation law on freedom of expression in England and Wales.
- What replaced the old defence of justification?
- The Act replaced the common law defence of justification with a statutory defence of truth. To rely on this defence, a defendant must show that the imputation conveyed by the statement complained of is substantially true. This change was part of the broader reform of defamation law in England and Wales.
- How long do I have to bring a defamation claim?
- The single publication rule sets a one-year limitation period for bringing a claim. This period starts from the date of the first publication of the statement. This provision helps clarify when legal action can be taken regarding statements that remain accessible online or in print.
- Do defamation cases usually go to a jury?
- The Act introduced a presumption in favour of trials being heard by a judge alone, rather than a jury. This means that unless specific circumstances apply, defamation cases in England and Wales are generally decided by a judge without the involvement of a jury.