Defences to Defamation under Defamation Act 2013
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The Defamation Act 2013 is a piece of legislation that significantly reformed defamation law in England and Wales. It came into force on 1 January 2014, and introduced several important statutory defences to defamation.
Serious harm requirement: The Act introduced a new threshold for bringing a defamation claim. A claimant must show that the defamatory statement has caused, or is likely to cause, serious harm to their reputation. This was aimed at discouraging trivial or frivolous defamation claims.
Truth defence: The Act reinforced the defence of truth (previously justification). If a defendant can prove that the statement is substantially true, it is a complete defence against a defamation claim.
Honest opinion defence: The Act introduced a new defence of honest opinion (previously fair comment). This allows individuals to express their honestly held opinions on matters of public interest without being liable for defamation, provided certain conditions are met.
Publication on a matter of public interest: The Act introduced a new defence to defamation that applies to statements of both fact and opinion. The statement must be on a matter of public interest and the defendant must reasonably believe that it is in the public interest to publish it.
Absolute privilege: The defence of absolute privilege provides complete immunity from liability for making defamatory statements in certain contexts, regardless of the truth or falsity of those statements. This doctrine is typically applied to protect the freedom of speech and the functioning of certain institutions without the fear of defamation lawsuits hindering their operations, covering statements made during judicial and legislative proceedings, and communications between high officers of state.
Qualified privilege: The defence of qualified privilege provides individuals with a limited immunity from liability for making defamatory statements in certain situations where there is a legitimate and important interest in communicating the information. For example, employers may provide references for current or former employees, and these references are often protected by qualified privilege. As long as the reference is given honestly and without malice, the employer may not be liable for defamation. Journalists reporting on matters of public interest may also have a qualified privilege when reporting facts, provided they do so accurately and in good faith. However, unlike absolute privilege, which offers complete protection, qualified privilege offers a lesser degree of protection and is subject to certain conditions and limitations.
It is important to note that the Defamation Act 2013 applies specifically to England and Wales. Scotland and Northern Ireland have their own defamation laws. Defamation law in Scotland is governed by the Defamation and Malicious Publication (Scotland) Act 2021, while defamation law in Northern Ireland is governed by the Defamation Act (Northern Ireland) 2022.
Serious harm requirement: The Act introduced a new threshold for bringing a defamation claim. A claimant must show that the defamatory statement has caused, or is likely to cause, serious harm to their reputation. This was aimed at discouraging trivial or frivolous defamation claims.
Truth defence: The Act reinforced the defence of truth (previously justification). If a defendant can prove that the statement is substantially true, it is a complete defence against a defamation claim.
Honest opinion defence: The Act introduced a new defence of honest opinion (previously fair comment). This allows individuals to express their honestly held opinions on matters of public interest without being liable for defamation, provided certain conditions are met.
Publication on a matter of public interest: The Act introduced a new defence to defamation that applies to statements of both fact and opinion. The statement must be on a matter of public interest and the defendant must reasonably believe that it is in the public interest to publish it.
Absolute privilege: The defence of absolute privilege provides complete immunity from liability for making defamatory statements in certain contexts, regardless of the truth or falsity of those statements. This doctrine is typically applied to protect the freedom of speech and the functioning of certain institutions without the fear of defamation lawsuits hindering their operations, covering statements made during judicial and legislative proceedings, and communications between high officers of state.
Qualified privilege: The defence of qualified privilege provides individuals with a limited immunity from liability for making defamatory statements in certain situations where there is a legitimate and important interest in communicating the information. For example, employers may provide references for current or former employees, and these references are often protected by qualified privilege. As long as the reference is given honestly and without malice, the employer may not be liable for defamation. Journalists reporting on matters of public interest may also have a qualified privilege when reporting facts, provided they do so accurately and in good faith. However, unlike absolute privilege, which offers complete protection, qualified privilege offers a lesser degree of protection and is subject to certain conditions and limitations.
It is important to note that the Defamation Act 2013 applies specifically to England and Wales. Scotland and Northern Ireland have their own defamation laws. Defamation law in Scotland is governed by the Defamation and Malicious Publication (Scotland) Act 2021, while defamation law in Northern Ireland is governed by the Defamation Act (Northern Ireland) 2022.
