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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...

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Defamation litigation in England and Wales: practical guidance on serious harm, libel v slander, parties, procedure, interim relief, defences, remedies, costs and SLAPPs

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Practice notes
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This Practice Note addresses the key practical steps that arise when pursuing a Defamation claim, such as: pinpointing a Defamatory statement; deciding whether it amounts to libel or slander; and evaluating the overall suitability of interim relief. It thoroughly reviews the effect of the Defamation Act 2013 (DA 2013) on both claimants and defendants, and sets out practical tactics for the procedural conduct of a defamation case.

Defamation Act 2013

Before DA 2013 came into force, defamation proceedings had a reputation for technicality and disproportionate cost, chiefly because arguments centred on the meaning of the impugned words. The government, reacting to a wave of negative media commentary that English defamation law unduly favoured claimants, enacted DA 2013. The Act brought in a suite of reforms, making defamation a tort grounded equally in Common law and statute, and, through codification, abolishing several common law defences.

Further reading

You may wish to consult Duncan and Neill on Defamation (sixth edition, 2025), available subject to subscription.

Was the statement defamatory and did it identify the claimant?

At common law, a defamatory statement is one published to a third party that would tend to lower the subject in the estimation of right-thinking members of...

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Web page updated on 21/05/2026

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