摘要
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 While partially superseded by the Defamation Act 2013, several provisions remain in force.
要点
- 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)
章节
修正历史
2013 — Defamation Act 2013
Raised the threshold for defamation claims (serious harm test), introduced new defences, and abolished the presumption in favour of jury trial.