Defamation of Character: Defamation Act 2013 Reforms

The Defamation Act 2013, which was introduced on 1 January 2014, introduced several important reforms to update the law on defamation. These reforms included:

• Serious Harm Test: Under, a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. Harm to the reputation of a business is not “serious harm” unless it has caused or is likely to cause them serious financial loss.

• Truth as a Defence: Section 2 of the DA 2013 provides that a statement is not defamatory if it is true. The Defendant does not need to prove that every word published was true, but that the essential substance of the statement was true.

• Honest Opinion: The defence formerly known as fair comment is now the statutory defence of honest opinion, in Section 3 of the DA 2013. The defence of honest opinion applies when the statement made is an expression of opinion rather than a statement of fact. To succeed, the Defendant must prove that the opinion was based on facts which are true and that it was an opinion a reasonable person could hold.

• Public Interest: It is a defence to an action for defamation where the Defendant can show both of the following:

• That the statement complained of was, or formed part of, a statement on a matter of public interest.

• That the defendant reasonably believed that publishing the statement complained of was in the public interest.

• Single Publication Rule: This rule’s purpose is to prevent an action being brought in relation to publication of the same material by the same publisher after a one-year limitation period. This replaces the longstanding principle that each publication of defamatory material gives rise to a separate cause of action, which is subject to its own limitation period. This does not apply if the manner of another publication is materially different from the manner of the first publication.

Chadwick Lawrence’s Media Law Team

Here at Chadwick Lawrence LLP, our specialist media law and reputation management team have experience in acting on behalf of both Claimants and Defendants, and dealing with not only defamation matters, but also those involving harassment, privacy and malicious falsehood.

We offer a retainer package, Media Law Protect, to business clients who may find comfort in an extra layer of protection in relation to their online reputation. This package provides not only unlimited telephone support, but also unlimited cease-and-desist letters for a year, in attempts to quickly protect the business from any defamatory threats which may be of concern. Please do not hesitate to contact the team should this be of interest to your company. Our contact details are as below:

Lydia Jeffels – LydiaJeffels@chadlaw.co.uk

Joshua Smith – JoshuaSmith@chadlaw.co.uk

Asma Iqbal – AsmaIqbal@chadlaw.co.uk 

Kathryn Hunt – KathrynHunt@chadlaw.co.uk