Someone Has Defamed You Online
Someone has published a false and damaging statement about you online โ on social media, a review platform, a forum, or a website. This page explains the serious-harm test, your limitation deadline, available defences, and the steps to take before litigation.
Quick Answer
To succeed in a defamation claim in England and Wales, you must show: (1) the statement was defamatory, (2) it referred to you, (3) it was published to at least one other person, and (4) it caused or is likely to cause serious harm to your reputation (Defamation Act 2013 s.1). The limitation period is one year from the date of publication.
Full Explanation
Defamation in English law consists of libel (written or permanent form) and slander (spoken). Online statements are almost always libel. Under the Defamation Act 2013 s.1, a claimant must prove that the statement has caused or is likely to cause serious harm to reputation. For companies, serious harm means serious financial loss. This threshold is designed to filter out trivial claims.
The most important practical step in any defamation case is to preserve evidence immediately. Web pages are transient โ archive the URL (using archive.org or archive.ph), take screenshots, and note the date and time of publication. Platform analytics and cached versions can be lost quickly. Without preserved evidence, your claim may fail.
Before issuing a claim, you should send a letter of claim complying with the Pre-Action Protocol for Media and Communications Claims (January 2022 revision). The letter must identify the statement, explain why it is defamatory and false, and specify the remedy sought (removal, correction, apology, damages). Many cases settle at this stage.
Defendants have four main defences: truth (the statement is substantially true โ Defamation Act 2013 s.2); honest opinion (the statement is an opinion on a matter of public interest, based on facts stated or referred to โ s.3); publication on a matter of public interest (s.4 โ Reynolds public interest defence codified); and privilege (absolute or qualified). The strongest defence in consumer review cases is honest opinion.
For statements made by users on platforms (Twitter/X, Facebook, Trustpilot, Google Reviews), the platform operator may have a defence under s.5 of the Defamation Act 2013 (operator of website defence) if they respond to a notice of complaint by removing the statement within a set period. This is often the fastest route to removal โ and also pauses the limitation period while the notice procedure is followed.
Legal Basis
- ยงDefamation Act 2013, ss.1โ8 โ Modernised English defamation law: sets the serious harm threshold (s.1), codifies truth (s.2), honest opinion (s.3), and public interest (s.4) defences, and provides website operator defences (s.5).
- ยงLimitation Act 1980, s.4A โ Sets the one-year limitation period for defamation claims, running from the date of publication (the single publication rule under s.8 of the Defamation Act 2013 applies to online statements).
- ยงPre-Action Protocol for Media and Communications Claims (2022) โ Mandatory pre-action procedure requiring a letter of claim and response before proceedings are issued, designed to encourage early resolution.
What To Do
Preserve All Evidence Immediately
Archive the web page using archive.ph or the Wayback Machine (archive.org). Take full-page screenshots including the URL, date, and any metadata. Note the number of views, shares, or comments if visible. Download or screenshot any social media posts before they can be deleted. Preserve this evidence securely.
Send a Letter of Claim
Send a letter complying with the Pre-Action Protocol for Media and Communications Claims. Identify the specific statement, explain why it is false and defamatory, and request removal, a correction, and an apology within a specified period (typically 14 days). Keep the tone professional โ a well-drafted letter of claim often achieves removal without litigation.
Use Platform Notice-and-Takedown
Simultaneously (or as an alternative), use the platform's reporting and takedown mechanism. For statements that are clearly false and defamatory, platforms will often remove them without requiring legal proceedings. On Trustpilot, Google Reviews, and similar platforms, flag the review for investigation. On social media, report as false information.
Issue a Court Claim Before the One-Year Limitation
If the statement remains online after your letter of claim and platform reports, instruct a solicitor to issue proceedings before the one-year limitation period expires. Defamation proceedings must be issued in the Media and Communications List of the King's Bench Division (High Court) or the County Court depending on the value of the claim. Costs are significant โ always consider proportionality.
Important Deadlines
Important Warnings
The one-year limitation period for defamation is absolute for most purposes โ unlike other torts, courts very rarely extend it. Do not delay.
Defamation litigation is expensive and risky. Even if you win, a defendant with no assets may not be able to pay damages. In many cases, achieving removal and an apology is more valuable than a damages award.
If the defendant raises a truth defence, you may face extensive disclosure of your own affairs. Consider whether you want that scrutiny before issuing proceedings.