Defamation in English Law?
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In English law, defamation refers to the publication of a statement that is false, damages a person's reputation, and lowers them in the estimation of right-thinking members of society. Defamation can be either written or spoken, and it must be a false statement that is communicated to a third party.
Libel is a written or recorded statement that is published and can be seen or heard by others, such as in a newspaper, book, television program, or website. Slander is a spoken statement that is made to a third party, such as in a conversation, speech, or broadcast. To establish a claim of defamation in English law, several key elements must be satisfied:
- Publication: The defamatory statement must be published. In legal terms, it means that the statement was communicated to at least one person other than the subject of the statement. This can include written or spoken words, as well as statements made via media, social media, or other platforms.
- Defamatory: The statement must be defamatory, meaning it is likely to lower the claimant in the estimation of right-thinking members of society, expose them to hatred, ridicule, or contempt, or cause them to be shunned or avoided. The statement must damage the claimant's reputation in a significant way.
- Identification: The statement must refer to the claimant, either explicitly or implicitly. It must be clear that the defamatory statement is about the claimant. If the statement could reasonably be understood to refer to the claimant, this element is satisfied.
- Falsity: The statement must be false. Truth is a complete defence to a defamation claim. If the defendant can prove that the statement is true, the claim will fail, regardless of the harm caused to the claimant's reputation.
- Serious harm: The Defamation Act 2013 introduced the requirement that the defamatory statement must have caused, or is likely to cause, serious harm to the claimant's reputation. For companies, this includes serious financial loss.
There are several defences to defamation in English law. These defences can be used by the defendant to argue that their statement was not defamatory, or that they should not be held liable for any harm caused to the claimant's reputation. The most common defences to defamation are:
- Truth: If the defendant can prove that the statement was true, then this will be a complete defence to defamation.
- Honest opinion: If the statement was an expression of the defendant's honest opinion on a matter of public interest, and the opinion was based on facts that were true or privileged, then this will be a defence to defamation.
- Privilege: Certain situations give rise to privilege, which means that the defendant will not be liable for defamation. For example, statements made in the course of judicial proceedings, parliamentary proceedings, or in the public interest may be privileged.
- Consent: If the claimant consented to the publication of the statement, then this will be a defence to defamation.
- Innocent dissemination: If the defendant can show that they did not know, and had no reason to know, that the statement was defamatory, then they may be able to rely on the defence of innocent dissemination.
If a defamation claim is successful, several remedies may be available to the claimant, including:
- Damages: The claimant may be awarded damages to compensate for the harm caused to his reputation. Damages can include general damages for non-economic harm such as distress and loss of reputation, as well as special damages for specific financial losses.
- Injunctions: The court may grant an injunction to prevent further publication of the defamatory statement or to require the removal of the defamatory material from circulation.
- Apology and retraction: The court may also order the defendant to publish an apology or retraction of the defamatory statement, which can help to mitigate the harm caused to the claimant's reputation.
Defamation law in English law aims to balance the protection of reputation with the right to freedom of expression. By establishing clear elements for a defamation claim and providing various defences, the law seeks to ensure that individuals and entities can seek redress for unjust attacks on their reputation while allowing for robust public discourse and the sharing of opinions.
