UK Defamation Laws: Libel, Slander & the 2013 Act
This page is being updated. Please check back shortly.
Frequently Asked Questions
Does the Defamation Act 2013 apply across the whole UK?
No. Section 17 says the Act extends to England and Wales only. Scotland is governed by the Defamation and Malicious Publication (Scotland) Act 2021 (in force from 8 August 2022), and Northern Ireland did not adopt the 2013 Act, instead relying on its earlier common law and the Defamation Act 1996.
What is the 'serious harm' test?
Section 1(1) provides that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation. In Lachaux v Independent Print Ltd [2019] UKSC 27, the Supreme Court held this is a question of actual fact, established by evidence of impact, not an automatic presumption.
Is the test different for companies?
Yes. Under section 1(2), harm to the reputation of a body that trades for profit is not 'serious harm' unless it has caused or is likely to cause the body serious financial loss, so a trading company generally needs to point to financial consequences.
What is the difference between libel and slander?
Libel covers statements in a permanent or recorded form, such as writing, online posts and broadcasts, and is actionable without proof of special damage. Slander covers transient statements, usually spoken, and traditionally requires proof of financial loss, subject to narrow exceptions.
What are the main defences to a defamation claim?
The principal statutory defences are truth (section 2), honest opinion (section 3) and publication on a matter of public interest (section 4). There are also defences for website operators (section 5), peer-reviewed statements (section 6), and absolute and qualified privilege (section 7).
How long do I have to bring a defamation claim?
Generally one year from the date the cause of action accrued, under section 4A of the Limitation Act 1980. Courts have a discretion to extend this where it is equitable, and section 8 of the Defamation Act 2013 sets a single publication rule so the clock usually runs from first publication.
Are defamation cases still heard by juries?
Not by default. Section 11 of the Defamation Act 2013 removed the presumption of jury trial, so cases are tried by a judge alone unless the court orders a jury. Judge-only trials are now the usual practice.
Can I sue over a social media post or online review?
Yes. Online posts are treated as libel because they are in a permanent form, and the section 1 serious harm test applies. Website operators may have a defence under section 5, and section 10 can limit claims against parties who were not the author, editor or commercial publisher.
Sources and References
- Defamation Act 2013(legislation.gov.uk).gov
- Defamation Act 2013, section 1 (serious harm)(legislation.gov.uk).gov
- Defamation Act 2013, section 4 (publication on matter of public interest)(legislation.gov.uk).gov
- Defamation Act 2013, section 8 (single publication rule)(legislation.gov.uk).gov
- Defamation Act 2013, section 11 (trial without a jury)(legislation.gov.uk).gov
- Defamation Act 2013, section 17 (extent, England and Wales only)(legislation.gov.uk).gov
- Limitation Act 1980, section 4A (one-year time limit for defamation)(legislation.gov.uk).gov
- Lachaux v Independent Print Ltd [2019] UKSC 27(bailii.org).gov