Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defamation definition

What does Defamation mean? Defamation describes claims arising from publication to a third party of words, images or other communications that damage reputation. In practice it is an umbrella term for libel (generally written or recorded publications) and slander (transient speech), though some jurisdictions now treat defamation as a single cause of action. In England and Wales, the Defamation Act 2013 and case law require proof of serious harm to reputation (serious financial loss for bodies trading for profit) and adopt a single-publication rule. Libel is actionable per se; slander usually requires special damage, subject to limited exceptions. In Scotland, the Defamation and Malicious Publication...

Statutory and Common Law Defamation Defences in England and Wales: Truth, Honest Opinion, Privilege, Public Interest, Offers of Amends, Online Intermediary Protections and SLAPPs Reform

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Practice notes

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Defences

There are several substantive defences to a Defamation action and, since the Defamation Act 2013 (DA 2013), most are now statutory. Multiple defences can be advanced together in answer to a claim.

Truth

Defamatory statements are presumed to be untrue, and the onus of proving their truth rests with the Defendant. Showing that the substance of the defamatory statement is true is a complete defence. The defence formerly known as justification was given statutory effect by DA 2013, s 2; the common law defence was abolished and section 5 of the Defamation Act 1952 repealed.

Pleading and procedural matters in defamation proceedings are governed by CPR PD 53B, which contains particular requirements for truth defences. CPR PD 53B replaced CPR PD 53 with effect from 1 October 2019 (see News Analyses: 109th practice direction update—July to October 2019 and New rules for media and communications claims from 1 October 2019).

It is the substance or essence of the defamatory allegation that needs to be established as true, rather than every detail of the publication...

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Web page updated on 21/05/2026

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