Defamation

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This Overview guides practitioners to core materials on defamation, linking to legislation, procedural guidance and analysis of leading principles.

Defamation protects reputation while engaging freedom of expression and privacy. The Defamation Act 2013 reshaped the law by introducing the serious harm threshold, codifying modern defences, creating the single publication rule and limiting jurisdiction in cross - border claims. Corporations must prove serious financial loss; public authorities cannot sue.

Practitioners should master the elements of meaning, reference and publication, and the evidential requirements to establish serious harm, including for online and corporate claimants. Key defences include truth, honest opinion, publication on a matter of public interest, privilege and the peer - reviewed statement defence. A distinct statutory regime governs website operators. The offer of amends under the Defamation Act 1996 remains an important route to resolution.

Procedurally, most claims are issued in the King's Bench Division, Media and Communications List, with a one - year limitation period under the Limitation Act 1980. Early determination of meaning and serious harm, strike - out and summary judgment are significant case - management tools. The Pre - Action Protocol for Media and Communications Claims...

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