The Defamation Act 2013 covers matters involving libel or slander.
What is Libel?
Libel is where a defamatory statement has been made against a person in written form, for example in a publication, correspondence or online.
What is Slander?
Slander relates to defamatory statements that have been made verbally, for example at a public event, a meeting, a party, a broadcast or on social media.
In both libel and slander a statement will not be considered defamatory unless its publication has caused or is likely to cause harm to the reputation of the person against whom the statements were made. In the case of a defamation claim brought by a company, the company must be able to prove that the defamatory statement caused them to suffer significant financial losses.
Is there a time limit in making a defamation claim?
The time limit in which to bring a claim for defamation is 1 year from the date the defamatory statement was first published.
Gather your evidence
You should ensure that you keep a record and evidence of all defamatory statements published against you and gather evidence to prove that the statement made is not true.
Defending Defamation Case
There are three lines of defence that can be used to defend a defamation claim which are:
- The statement is true.
- ‘Honest Opinion’. This means that the person who published the statement believed that what they published was true.
- Honest Comment and Public interest. This particularly applies to cases brought against journalists. The journalist must have believed the statement to be true and in the public interest.
- Privilege. This particularly applies to journalists with the right to report what is said, even if it contains a defamatory comment.
If you need legal advice because you have been defamed or are defending a defamation case being brought against you, please contact our dispute resolution team.
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