Defamation, Libel and Slander: Your Rights Explained

What is Defamation?

Defamation is the act of making a false statement about someone that damages their reputation. In the UK, defamation is considered a civil wrong, meaning it is handled through the civil courts rather than being treated as a criminal offence. The purpose of defamation law is to protect individuals and businesses from unjust harm to their good name, while also balancing the right to freedom of expression.

A defamatory statement can be spoken, written, or even implied. What matters is that the statement is false, has been communicated to someone other than the person it is about, and has caused or is likely to cause serious harm to the person’s reputation. For businesses, this means the statement must have caused or is likely to cause serious financial loss.

It is important to distinguish defamation from other types of harm. For example, if someone suffers physical injury or financial loss without damage to their reputation, this would not be classed as defamation. Defamation specifically concerns harm to reputation caused by untrue statements.

The law recognises two main types of defamation: libel and slander. Libel refers to defamatory statements in a permanent form, such as written words, published images, or online posts. Slander, on the other hand, covers spoken words or gestures that are not recorded in a lasting way. Both can be damaging, but the legal process and requirements for proving each can differ.

The impact of defamatory statements can be significant. For individuals, false accusations or rumours can lead to loss of employment, damaged relationships, and emotional distress. For businesses, defamation can result in lost customers, reduced profits, and long-term harm to their reputation. Because of these serious consequences, the law provides a way for those affected to seek redress through the courts.

Defamation claims are a type of civil dispute, which means they are resolved between private parties rather than prosecuted by the state. If you believe you have been defamed – or if someone has accused you of defamation – it is important to understand your rights and the steps involved in making or defending a claim. The Defamation Act 2013 introduced significant changes to UK defamation law, including the requirement for claimants to show that a statement has caused, or is likely to cause, serious harm.

To learn more about how the law works in practice and what to consider before starting a defamation claim, see the comprehensive overview provided in the Defamation Act 2013: to sue or not to sue?

Libel and Slander: The Two Types of Defamation

Libel and Slander: The Two Types of Defamation

Defamation in UK law is divided into two main types: libel and slander. Both involve making false statements that damage a person’s reputation, but the key difference lies in how those statements are communicated.

What is Libel?

Libel refers to defamatory statements that are made in a permanent form. This includes anything written, printed, or published – such as books, newspapers, magazines, leaflets, online articles, social media posts, and even emails or letters. Because libel is recorded in a lasting format, it can be shared and read by others over time, potentially causing greater harm to the person’s reputation.

For example, if someone publishes a false and damaging statement about another person in a newspaper article or on a website, this would be considered libel. For more on how libel works in practice, see this clear explanation of libel and its relevance to modern communication.

What is Slander?

Slander, on the other hand, covers defamatory statements that are spoken or otherwise made in a temporary form. This typically includes spoken words, gestures, or even a broadcast that is not recorded. Because slander is fleeting and not preserved in a permanent medium, it is generally seen as less likely to cause long-term harm than libel.

A common example of slander would be someone making a false and damaging statement about another person during a conversation, a speech, or a live, unrecorded radio broadcast.

Examples to Illustrate the Difference

• Libel: A blogger writes a post falsely accusing a local business owner of fraud. Because this accusation is published online and can be accessed by others at any time, it is considered libel.
• Slander: At a public event, someone falsely claims during a speech that a neighbour has committed a crime. If the speech is not recorded or published, this would be treated as slander.

Why Does the Law Treat Libel and Slander Differently?

The main reason for the different treatment is the potential for harm. Libel, being permanent, can reach a much wider audience and continue to damage a person’s reputation long after the statement was made. Slander, being temporary, is generally considered less damaging unless it causes specific, measurable harm.

Under the Defamation Act 2013, a claimant must show that a defamatory statement has caused or is likely to cause "serious harm" to their reputation. For businesses, this means showing serious financial loss. The law also sets out the requirements for bringing a claim and the available defences.

Practical Advice

If you believe you have been defamed, it is important to consider whether the statement was made in a permanent (libel) or temporary (slander) form, as this will affect how your case is handled. For written or published statements, keep copies or screenshots as evidence. For spoken statements, try to note down what was said, when, and who was present.

Understanding the distinction between libel and slander can help you decide on the best course of action and what evidence you may need. For a full overview of the legal framework, you can refer directly to the Defamation Act 2013.

How Defamation Claims Are Handled in UK Courts

When someone believes they have been defamed in the UK, the process for bringing a claim is handled through the civil courts. Defamation claims – whether for libel (written) or slander (spoken) – are subject to specific legal tests, procedures, and remedies. Understanding how these claims are managed can help you decide on your next steps, whether you are considering legal action or responding to an accusation.

The Civil Court Process for Defamation

Defamation cases in the UK are heard in the civil courts, not the criminal courts. Most claims begin in the High Court, although some may be suitable for the County Court depending on the circumstances. The procedures for defamation claims are guided by the Defamation Act 2013, which sets out the key legal requirements and protections.

If you’re considering bringing a defamation claim, it’s important to understand the general civil court types and timelines, as these will affect how your case progresses, the deadlines you must meet, and what to expect during the process.

Legal Tests for Defamation

To succeed in a defamation claim, the claimant must prove several key elements:

• A defamatory statement was made: The statement must lower the claimant in the estimation of right-thinking members of society.
• The statement refers to the claimant: It must be clear that the statement is about the person bringing the claim.
• The statement was published to a third party: This means that someone other than the claimant saw or heard the statement.
• Serious harm: Under the Defamation Act 2013, the claimant must show that the statement has caused or is likely to cause serious harm to their reputation. For companies, “serious financial loss” is required.
• Falsity and lack of lawful excuse: The statement must be false, and the defendant must not have a valid defence, such as truth, honest opinion, or privilege.

These tests ensure that only genuinely harmful and unjustified statements are actionable. For a more detailed overview of the legal framework and court involvement, including the role of the Crown Court, see Defamation – Wikipedia.

Remedies Available in Defamation Cases

If a court finds that defamation has occurred, several remedies may be awarded:

• Damages: Financial compensation for harm to reputation, distress, or financial loss.
• Injunctions: A court order to prevent further publication or repetition of the defamatory statement.
• Apologies and corrections: The court may order the defendant to publish an apology or correction.

The specific remedies available will depend on the facts of the case and what the court considers just and appropriate. For more about how injunctions work in practice, see the Q&A: defamation claims in United Kingdom (England & Wales).

Time Limits for Bringing a Defamation Claim

Defamation claims in the UK are subject to strict time limits. Generally, you must start court proceedings within one year from the date the defamatory statement was published. In rare cases, the court may allow a claim to proceed after this period, but only if it is fair and reasonable to do so.

If you believe you have been defamed, or if you are facing a defamation claim, it’s important to act quickly and seek legal advice as soon as possible to protect your rights.

Understanding how defamation claims are handled can help you make informed decisions about your options. For more information on related legal processes, visit our page on civil court types and timelines, or explore the official Defamation Act 2013 for the full legal text.

Defences Against Defamation Claims

Defences Against Defamation Claims

If you are accused of defamation in the UK, there are several legal defences that may protect you from liability. Understanding these defences is essential, whether you are responding to a claim or considering legal action yourself. The main defences recognised by UK law are truth, honest opinion, and privilege. Each has its own requirements and can significantly affect the outcome of a defamation case.

Truth

The most straightforward defence to a defamation claim is that the statement in question is true. Under the Defamation Act 2013, if you can prove that your statement was "substantially true," you cannot be held liable for defamation. This means that it is not necessary for every detail to be accurate, but the overall impression or "sting" of the allegation must be true. For example, if a newspaper reports that a public figure was convicted of fraud, and this is factually correct, the defence of truth would apply even if some minor details were incorrect.

You can read more about how the truth defence works in the Defamation Act 2013, which provides explanatory notes on this and other defences.

Honest Opinion

Another common defence is honest opinion. This applies when the statement in question is clearly an opinion, rather than a statement of fact, and a reasonable person could recognise it as such. To rely on this defence, you must show that:

• The statement was a genuine opinion, not a factual claim.
• There was a basis for the opinion, such as facts that were known at the time or referred to in the statement.
• The opinion was honestly held.

For example, a film critic writing that a new movie is "terrible" is expressing an honest opinion, not making a factual claim about the filmmakers’ conduct.

Privilege

Privilege is a defence that protects certain statements, even if they are defamatory, because of the context in which they are made. There are two main types:

• Absolute privilege: This applies in very limited situations, such as statements made in Parliament or during court proceedings. In these cases, the speaker is completely protected from defamation claims, regardless of intent or truth.
• Qualified privilege: This applies in situations where it is important for information to be shared freely, such as reporting concerns to the police or fair and accurate reporting of public meetings. However, this defence can be lost if the statement is made with malice.

How These Defences Affect the Outcome

If a defendant successfully proves one of these defences, the defamation claim will fail, and no damages will be awarded. The burden is on the defendant to establish the defence, but if they do, it can be a complete answer to the claim.

It’s important to note that these defences are subject to specific legal requirements and may not apply in every case. For more detailed information on how these defences operate, including practical examples and legal commentary, see the Defamation Act 2013 – Explanatory Notes.

If you are facing a defamation claim or believe you have been defamed, it is wise to seek legal advice to understand which defences might apply in your situation and how best to present your case in court.

What to Do If You Believe You Have Been Defamed

If you believe someone has made false and damaging statements about you – whether in writing (libel) or spoken (slander) – it’s important to take prompt and careful action. Defamation can seriously affect your reputation, relationships, and even your livelihood. Here’s what you should do if you think you have been defamed in the UK:

1. Stay Calm and Assess the Situation

Start by carefully considering the statement in question. Ask yourself:

• Is the statement actually false?
• Does it refer to you directly or indirectly?
• Has it been published to a third party (either spoken to others or published in print or online)?
• Has it caused, or is it likely to cause, serious harm to your reputation?

The Defamation Act 2013 sets out that a statement is not considered defamatory unless it has caused or is likely to cause serious harm. For businesses, this means serious financial loss.

2. Gather and Preserve Evidence

Collect as much evidence as possible to support your claim. This may include:

• Screenshots or copies of online posts, emails, or printed material containing the alleged defamatory statements.
• Records of when and where the statement was made or published.
• Details of any witnesses who saw or heard the statement.
• Evidence of harm caused, such as lost business, job offers withdrawn, or distress experienced.

Keep all original documents and avoid altering any evidence.

3. Consider Your Options for Resolution

Not all defamation disputes need to go straight to court. In many cases, issues can be resolved through negotiation, which may involve asking the person or organisation responsible to remove the statement, issue a correction, or apologise. Negotiation can often be quicker, less stressful, and less expensive than formal legal action.

If negotiation doesn’t resolve the issue, you can consider making a formal complaint or taking legal action. For smaller claims – such as those involving limited financial loss – you might be able to use the small claims court, which is designed to handle straightforward cases more efficiently.

4. Understand the Legal Process

Defamation claims are usually handled in civil courts. While most cases are heard in the High Court, some may be considered by the Crown Court in specific circumstances. It’s important to be aware of strict time limits: you generally have one year from the date of publication to bring a defamation claim.

5. When to Seek Legal Advice

Defamation law can be complex, and the stakes are often high. You should seek legal advice if:

• You are unsure whether a statement is defamatory.
• The statement has caused serious harm or financial loss.
• You are considering starting legal proceedings.
• You have been accused of defamation yourself.

A solicitor can help you understand your rights under the Defamation Act 2013 and guide you through the best course of action.

Further Information

For a detailed overview of how defamation law has changed in recent years, see The Defamation Act 2013: to sue or not to sue?. If you want to understand more about how defamation cases are handled in the courts, you can read about the Crown Court process. And for insight into alternative dispute resolution, including negotiation, see how recent reforms have shaped the law.

If your case is relatively minor or involves a small sum, the small claims court may be an appropriate route.

Taking early and informed steps can help protect your reputation and ensure any dispute is resolved as smoothly as possible.

What to Do If You Are Accused of Defamation

If you have been accused of defamation – whether libel (written or published statements) or slander (spoken statements) – it is important to respond carefully and understand your rights under UK law. Defamation cases can have serious legal and reputational consequences, so taking the right steps early on can make a significant difference.

Stay Calm and Assess the Situation

Receiving an allegation of defamation can be stressful, but it is crucial to remain calm. Carefully read any correspondence or legal notice you receive. Allegations may come directly from the person claiming to be defamed, their solicitor, or as a formal legal claim. Do not rush to respond or make any public statements until you have considered your position.

Understand Your Rights and Defences

Under the Defamation Act 2013, you have certain legal defences if accused of defamation. Common defences include:

• Truth: If what you said or published is substantially true, this is a complete defence to defamation.
• Honest Opinion: If your statement was clearly an opinion, rather than a statement of fact, and it was honestly held, you may be protected.
• Privilege: Some situations, such as statements made in Parliament or in court, are protected by absolute or qualified privilege.
• Publication on a Matter of Public Interest: If your statement was made on a matter of public interest and you reasonably believed publishing it was in the public interest, this may be a defence.

It is also important to note that, under UK law, the claimant must show that the statement has caused, or is likely to cause, serious harm to their reputation. For businesses, "serious harm" means serious financial loss.

Do Not Destroy Evidence

Keep a record of all relevant documents, emails, messages, and notes about the alleged defamatory statement. Do not delete, alter, or destroy any evidence, as this could harm your legal position and credibility if the matter goes to court.

Avoid Further Publication

Refrain from repeating or sharing the statement in question, either online or offline. Continuing to publish or discuss the matter could worsen the situation and increase potential liability.

Consider Making an Apology or Retraction

In some cases, offering an apology, correction, or retraction can help resolve the issue without the need for court action. However, you should not do this without first considering the legal implications and, ideally, seeking legal advice.

Seek Legal Advice

Defamation law is complex, and the consequences of a claim can be serious. If you receive a formal letter of claim (often called a "pre-action letter") or court papers, it is important to consult a solicitor who specialises in defamation as soon as possible. They can advise you on the strength of the claim, your possible defences, and the best way to protect your interests.

Protect Your Reputation

While the legal process is ongoing, take steps to protect your reputation. This may include monitoring media coverage, addressing any misinformation, and being mindful about what you say or write publicly.

Frequently Asked Questions

Can I ignore a defamation allegation?
Ignoring an allegation is not recommended. Failing to respond could lead to court proceedings and increased costs.

Will a defamation case go to court?
Many defamation claims are resolved before reaching court, often through negotiation or settlement. However, if the parties cannot agree, the matter may proceed to a civil trial.

What if I did not intend to cause harm?
Intent is not required for a statement to be defamatory, but it may be relevant to damages or the court’s view of the case.

What are the possible outcomes?
If a court finds you liable for defamation, you may be ordered to pay damages, publish an apology, or remove the statement. If you successfully defend the claim, you will not be liable, and the claimant may have to pay your legal costs.

Taking early, informed action is the best way to protect your legal and personal interests if you are accused of defamation.

Related Legal Topics and How They Connect to Defamation

Defamation often arises alongside other legal issues, and understanding how it connects to related areas of civil law can help you better navigate your options. Here’s an overview of commonly linked topics, with practical guidance on where to learn more.

Contract Disputes and Defamation

Reputational harm can play a significant role in contract disputes. For example, if false statements damage your professional reputation, it may impact your ability to fulfil contractual obligations or lead to a breach of contract. In some cases, defamatory remarks made during business negotiations or after a contract breakdown can become part of a wider civil claim.

Negligence, Torts, and Defamation

Defamation is one type of civil wrong, or “tort”, but it often overlaps with negligence and other torts. For instance, if someone carelessly spreads false information that causes you harm, you might have grounds for both a negligence and a defamation claim. Understanding the differences – such as the need to prove damage or intent – can help you decide the best route for your situation.

Personal Injury and Emotional Distress

While defamation mainly concerns damage to reputation, it can also lead to emotional distress or mental health impacts. In some circumstances, these effects may be considered in personal injury claims, especially if the defamatory statements cause diagnosable psychological harm. Exploring this connection can help you determine if your case involves more than just reputational damage.

Claims Against Public Bodies

If you believe a government department or public authority has made defamatory statements about you, this may fall under claims against public bodies. These cases can be complex, as public bodies have certain legal protections, but you still have rights if your reputation has been unfairly harmed by an official statement or publication.

Data Misuse and Defamation

False or damaging information published about you can sometimes overlap with data misuse claims, especially if the statements involve incorrect personal data. The law provides specific rights if your data has been used unlawfully or inaccurately, which may be relevant alongside a defamation complaint.

Defamation in the Workplace

Allegations of defamation are common in employment settings, such as when false statements are made by colleagues or employers. If you’re facing such issues, it’s helpful to understand employment disputes procedures, as workplace defamation can affect both your reputation and your job security.

Family Law and Defamation

Disputes over children or family arrangements sometimes involve defamatory statements, particularly during heated negotiations or court proceedings. If you’re concerned about the impact of such statements on your parental rights or reputation, see our guidance on child arrangements disputes.

Legal Framework and Further Reading

Defamation law in the UK is primarily governed by the Defamation Act 2013, which sets out the rules for what counts as defamation, available defences, and the thresholds for bringing a claim. If your case goes to court, procedures are governed by the Civil Procedure Rules, which outline how civil cases – including defamation – are managed in England and Wales.

Exploring these related topics can help you build a fuller understanding of your legal situation and identify the most appropriate steps to protect your reputation, rights, and wellbeing. If you’re unsure which area applies, consider seeking legal advice tailored to your circumstances.