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Tort law

Defamation

Defamation is the publication of a statement that lowers the claimant in the estimation of right-thinking members of society. Under the Defamation Act 2013 the statement must also have caused, or be likely to cause, serious harm to reputation.

Last reviewed 14 June 2026

The claimant must show a defamatory imputation, reference to them, and publication to a third party; since the Defamation Act 2013 they must also prove “serious harm” (Lachaux v Independent Print). Libel (a permanent form) is actionable per se; slander usually needs proof of special damage.

The main defences are truth, honest opinion, and publication on a matter of public interest (ss 2–4 Defamation Act 2013), together with absolute and qualified privilege.

Key cases

  • Lachaux v Independent Print Ltd [2019] UKSC 27
  • Sim v Stretch [1936] 2 All ER 1237

Frequently asked questions

What must a claimant prove in defamation?

A defamatory statement that refers to them and was published to a third party and — since the Defamation Act 2013 — that it caused or is likely to cause serious harm to their reputation.

What are the main defences to defamation?

Truth, honest opinion, and publication on a matter of public interest (ss 2–4 Defamation Act 2013), together with privilege.