Libel Law: 10 Things You Should Know (UK Guide)

Defamation law is an important area for anyone who publishes content, whether on a website, blog, social media platform, or in any other medium. This article sets out ten key points about libel under English law, as reformed by the Defamation Act 2013.

1. Libel is defamation in permanent form

Defamation is the publication of a false statement that harms a person's reputation. It is divided into two categories: libel (defamation in permanent form, including writing, images, and broadcasts) and slander (defamation in transient form, such as speech). Content published on websites, in emails, or on social media is treated as libel.

2. The statement must cause serious harm

Under Section 1 of the Defamation Act 2013, a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the claimant's reputation. For bodies that trade for profit, this means serious financial loss must be shown. This threshold was confirmed by the Supreme Court in Lachaux v Independent Print Ltd [2019] UKSC 27, which held that serious harm must be established as a fact, not merely as a tendency.

3. The claimant need not be named

A person can bring a defamation claim even if they are not named in the statement, provided they can show that they are identifiable from the context. This could include identification by description, role, or surrounding circumstances. Members of a small group may be able to sue individually if the statement is directed at the group as a whole.

4. Truth is a complete defence

Under Section 2 of the Defamation Act 2013, it is a defence to show that the imputation conveyed by the statement is substantially true. The defendant bears the burden of proving truth. This is an absolute defence — if the statement is true, no claim for defamation can succeed regardless of the motive for publication.

5. Honest opinion is a defence

Section 3 of the Act provides a defence of honest opinion. Three conditions must be met: the statement must be recognisable as opinion rather than fact; the opinion must be based on facts that existed at the time of publication; and an honest person could have held that opinion on the basis of those facts. The defence is defeated if the claimant can show the defendant did not genuinely hold the opinion.

6. Publication on a matter of public interest is a defence

Under Section 4, it is a defence to show that the statement was, or formed part of, a statement on a matter of public interest, and that the defendant reasonably believed that publishing it was in the public interest. This defence replaced the common law Reynolds defence and gives publishers a degree of protection for responsible journalism and public interest reporting.

7. Website operators have a specific defence

Section 5 of the Act provides a defence for website operators in respect of statements posted by third parties. The defence applies where the operator did not post the statement and either the claimant cannot identify the person who posted it, or the operator responded to a complaint notice in accordance with the Defamation (Operators of Websites) Regulations 2013. This provides important protection for platforms that host user-generated content.

8. The limitation period is one year

Defamation claims must generally be brought within one year of publication, under Section 4A of the Limitation Act 1980. The single publication rule introduced by Section 8 of the Defamation Act 2013 means that subsequent publication of substantially the same material by the same publisher does not restart the limitation period. This resolved the previous position where each new access to an online article could constitute a fresh publication.

9. Companies can sue for defamation

Trading companies can bring defamation claims, but must demonstrate that the statement caused or is likely to cause serious financial loss (Section 1(2) of the Act). Government bodies and political parties cannot sue for defamation, although individual officeholders may bring personal claims. The dead cannot be defamed under English law.

10. Remedies include damages and injunctions

The primary remedies for defamation are damages (compensatory and, in some cases, aggravated) and injunctions. Interim injunctions restraining publication before trial are rarely granted due to the importance of free expression. An offer of amends under Sections 2 to 4 of the Defamation Act 1996 provides an early settlement mechanism, involving a correction, apology, and compensation. Damages in defamation cases can be substantial, though they are subject to judicial guidance to ensure proportionality.