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	'''Defamation law in the United Kingdom''' covers civil claims about published statements that damage a person's or organisation's reputation. It sits between two competing interests: protection of reputation and freedom of expression.

'''Defamation law in the United Kingdom''' encompasses the legal framework governing the protection of reputation and the right to [[freedom of speech]]. This wiki page provides an overview of defamation law in the UK, its key principles, elements of a defamation claim, defences available, and notable cases that have shaped its application.
	The law is not identical across the United Kingdom. England and Wales are mainly governed by common law and the [[Defamation Act 2013]]. Scotland has its own modern statute, the [[Defamation_and_Malicious_Publication_(Scotland)_Act_2021]]. Northern Ireland has separate legislation, including the [[Defamation_Act_(Northern_Ireland)_2022]]. A claim therefore depends on the jurisdiction, the words used, the audience and the evidence of harm.

== Overview ==
Defamation refers to the publication of a false statement that harms the reputation of an individual or organisation. The aim of defamation law is to strike a balance between protecting an individual's reputation and safeguarding the fundamental right to freedom of speech. In the UK, defamation law primarily falls under common law, supplemented by the Defamation Act 2013.
	== Basic Meaning ==
	Defamation is usually concerned with a statement that tends to lower a person in the estimation of ordinary people. The statement must refer to the claimant and must be published to at least one person other than the claimant.

== Key Principles ==
Defamation law in the UK is guided by several key principles:
	Traditional English law distinguishes between libel and slander. Libel usually involves written, broadcast or otherwise permanent publication. Slander usually involves spoken or more temporary publication. In modern online cases the distinction is often less important than the publication, meaning, identification and harm caused by the words.

# Publication: Defamation requires the communication of a false statement to a third party, either in writing (libel) or spoken (slander). The statement must be capable of being understood as defamatory by reasonable people.
# Defamatory Meaning: The statement must lower the claimant's reputation in the eyes of right-thinking members of society.
# Identification: The statement must specifically refer to the claimant or be sufficiently indirect but understood to refer to them.
# Publication to a Third Party: The defamatory statement must be communicated to at least one person other than the claimant.
	== England and Wales ==
	The Defamation Act 2013 changed the law in England and Wales. Section 1 introduced the serious harm requirement. A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation. For a body that trades for profit, serious harm requires serious financial loss or likely serious financial loss.

== Elements of a Defamation Claim ==
To establish a successful defamation claim, the claimant must prove the following elements:
	The Act also put several major defences into statutory form. These include truth, honest opinion and publication on a matter of public interest. It also contains provisions about operators of websites, peer-reviewed scientific or academic statements, reports protected by privilege, single publication and jurisdiction.

# Defamatory Statement: The claimant must show that the statement made about them is defamatory.
# Identification: The claimant must establish that they were specifically identified in the defamatory statement or that the statement was understood to refer to them.
# Publication: The defamatory statement must have been communicated to at least one person other than the claimant.
# Serious Harm: Under the Defamation Act 2013, the claimant must demonstrate that the defamatory statement has caused, or is likely to cause, serious harm to their reputation.
	== Scotland ==
	Scotland's law was updated by the Defamation and Malicious Publication (Scotland) Act 2021. The Act modernised Scots defamation law, placed several rules on a statutory footing and replaced older common law delicts of verbal injury with malicious publication provisions.

	The Scottish Act also uses a serious harm threshold. It reflects some of the same policy concerns as the 2013 Act in England and Wales, but it is a separate statute and should not be treated as a direct copy.

	== Northern Ireland ==
	Northern Ireland did not simply adopt the Defamation Act 2013. Its law developed separately and was later amended by the Defamation Act (Northern Ireland) 2022. That Act introduced statutory defences including truth, honest opinion and publication on a matter of public interest.

	The Northern Ireland Human Rights Commission has noted continuing debate about whether Northern Ireland law should include a serious harm threshold similar to other UK jurisdictions. This is one reason a UK-wide summary of defamation law has to be careful about jurisdiction.

== Defences ==	== Defences ==
Several defences are available to defendants facing a defamation claim in the UK, including:
	Common defences include:

# Truth: If the defendant can prove that the statement is substantially true, they may successfully rely on this defence.
# Honest Opinion: The defence of honest opinion applies when a statement is a genuinely held opinion based on facts that were known at the time of publication.
# Public Interest: If the defendant can demonstrate that the publication was in the public interest, it may serve as a defence to a defamation claim.
# Absolute and Qualified Privilege: Certain situations, such as statements made in parliamentary proceedings or in the course of legal proceedings, are protected by absolute or qualified privilege.
	* '''Truth''': the defendant shows that the imputation complained of is substantially true.
	* '''Honest opinion''': the words are recognisable as opinion and an honest person could have held that opinion on the basis indicated.
	* '''Public interest''': the defendant shows that the statement was, or formed part of, a statement on a matter of public interest and that they reasonably believed publication was in the public interest.
	* '''Privilege''': some reports or statements are protected because of where or how they were made, such as court reports or parliamentary proceedings.

== Notable Cases ==
Several notable defamation cases in the UK have shaped the application of defamation law. Some significant cases include:
	The exact wording and availability of each defence depends on the jurisdiction and the facts.

# Reynolds v. Times Newspapers Ltd (2001): This case established the "Reynolds defence," allowing responsible journalism on matters of public interest, even if the information later proves to be incorrect.
# Libel Tourism: Historically, the UK was known for its libel tourism, where claimants from other jurisdictions pursued defamation cases in UK courts. The Defamation Act 2013 introduced reforms to discourage such claims.
# Lachaux v. Independent Print Ltd (2019): The Supreme Court clarified the interpretation of the "serious harm" threshold in defamation claims, emphasising the need for evidence of actual or likely serious harm to reputation.
	== Online Publication ==
	Online defamation can involve social media posts, website articles, videos, comments, reviews, forum posts and search results. The main questions remain practical: what was published, what did it mean, who was identified, who saw it, and what harm did it cause?

These cases illustrate the ongoing evolution of defamation law and its interpretation by the courts.
	Online publication can also raise issues about website operators, republication, jurisdiction and limitation periods. A post that appears casual may still be treated as publication if it identifies someone and damages reputation.

== See Also ==
	== Examples ==
	Calling a business dishonest in a public review may become defamatory if the allegation is false and causes serious reputational or financial harm. Saying that a politician's policy is wrong is usually opinion and political criticism, but falsely alleging criminal conduct may be different. Publishing accurate notes of court proceedings may be protected by privilege if the statutory conditions are met.

* [[Freedom of Speech in the United Kingdom]]
	The line between fact and opinion matters. "I disliked the service" is different from "the owner stole my money". The first is normally a value judgement. The second alleges misconduct and may require proof.

	== See Also ==
* [[Defamation]]	* [[Defamation]]
* [[Defamation Laws by Country]]
	* [[Freedom_of_Speech_in_the_United_Kingdom]]
	* [[Human_Rights]]
	* [[Police_and_Criminal_Evidence_Act_1984]]

== References ==	== References ==
	* [https://www.legislation.gov.uk/ukpga/2013/26/contents Defamation Act 2013]
	* [https://www.legislation.gov.uk/ukpga/2013/26/section/1 Defamation Act 2013, section 1]
	* [https://www.legislation.gov.uk/ukpga/2013/26/crossheading/defences Defamation Act 2013, defences]
	* [https://www.supremecourt.uk/cases/uksc-2017-0175 Lachaux v Independent Print Ltd, UK Supreme Court]
	* [https://www.legislation.gov.uk/asp/2021/10 Defamation and Malicious Publication (Scotland) Act 2021]
	* [https://www.legislation.gov.uk/nia/2022/30/contents/enacted Defamation Act (Northern Ireland) 2022]
	* [https://nihrc.org/publication/detail/nihrc-response-to-the-department-of-finance-consultation-on-the-review-of-defamation-law-in-ni Northern Ireland Human Rights Commission: defamation law consultation response]

* The National Archives. (2013). ''Defamation Act 2013''. Retrieved from <nowiki>https://www.legislation.gov.uk/ukpga/2013/26/contents</nowiki>
* Royal Courts of Justice. ''Guide to Defamation Proceedings''. Retrieved from <nowiki>https://www.judiciary.uk/wp-content/uploads/2019/09/guide-to-defamation-proceedings.pdf</nowiki>
* House of Lords Select Committee on Communications. (2010). ''The Report of the House of Lords Select Committee on Communications: The Defamation Bill [HL]''. Retrieved from <nowiki>https://publications.parliament.uk/pa/ld200910/ldselect/ldcomuni/10/10.pdf</nowiki>
	[[Category:Law]]
	[[Category:United Kingdom law]]
	[[Category:Media law]]