5RB

This Practice Note outlines the elements of the tort of defamation constituting libel and slander, and covers the key provisions of the Defamation Acts (1952, 1996 and 2013) and relevant case law. It explains: the distinction between libel and slander; what constitutes publication; and, the defences and remedies available, such as damages, an offer of amends or an interim injunction.

This Practice Note examines the role of publication in an action for defamation or malicious falsehood. It reviews key case law and legislation, and considers who may be primarily and secondarily responsible for publication, what constitutes publication, the nature of publication on the internet and jurisdictional issues.

This Practice Note covers defamation in the context of social media. It examines how liability for defamation may arise for individuals, internet service providers, website operators and employers and explores defences under the Defamation Act 1996, the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013, the Defamation Act 2013 and the Defamation (Operators of Websites) Regulations 2013, SI 2013/3028.

This Practice Note introduces the defences to a claim for defamation, examines key case law in this area, and considers the impact of the Defamation Act 2013. The principal defences are justification, honest comment, absolute privilege, qualified privilege at common law, statutory qualified privilege, publication on a matter of public interest (formerly the Reynolds defence), offer of amends, and defences for internet and secondary publishers.

This Practice Note considers the issue of limitation in relation to defamation cases pursuant to the Limitation Act 1980 and the Defamation Act 2013. It sets out details of the situations in which a claimant may extend the time to bring a defamation claim. It considers the ‘single publication’ rule and the circumstances in which a new cause of action or a party may be added after the expiry of the limitation period.

This Practice Note deals with the practical aspects of bringing a defamation claim such as: identifying a defamatory statement; determining whether the statement is libel or slander; and the suitability of interim relief. It considers the impact of the Defamation Act 2013 on claimants and defendants and includes tactics on the procedural aspects of a defamation action.

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for malicious falsehood to prove that the statement complained of is defamatory. Instead, the claimant must prove that: the defendant has published a statement that is untrue; the statement was published maliciously; and, the statement has caused actual pecuniary damage, or falls within the provisions of section 3 of the Defamation Act 1952.

This Practice Note has been archived and is not maintained. It provides information on the position under the Data Protection Act 1998 (DPA 1998). It is for background information only.

This Q&A looks at the defamation rule which affects the availability of the grant of interim injunctive relief where a complaint is damage to reputation, but there has been an attempt to rely on alternative causes of action in order to circumvent the restrictions which apply to such applications in defamation.