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...

Social Media Defamation: Liability and Defences for Authors, Website Operators, ISPs and Employers, including Serious Harm and Single Publication (England and Wales)

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Practice notes

This Practice Note

Addresses defamation in the sphere of social media. It considers when individuals, internet service providers (ISPs), website operators and employers could incur liability for defamatory material, and outlines defences available under the Defamation Act 1996 (DeA 1996), the Electronic Commerce (EC Directive) Regulations 2002 (E-Commerce Regulations 2002), SI 2002/2013, the Defamation Act 2013 (DA 2013) and the Defamation (Operators of Websites) Regulations 2013 (DOW Regulations 2013), SI 2013/3028. The internet, and social media in particular, is a high-risk arena for defamation disputes. Posts on blogs, internet forums, online newspaper comment areas and well-known social networking platforms such as Facebook and X (formerly Twitter) can be inaccurate and malicious in nature. Anonymity prompts some people to abandon the normal cautions they would apply to other forms of publication. For a description of the popular social media sites, how businesses use them and the related legal issues, see Practice Note: Introduction to social media. Liability for defamatory content published on social media is, in principle, not confined to the author (who may, in any case, be unidentifiable). In certain circumstances, responsibility can extend to an ISP, the website operator or an employer. This Practice Note...

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Web page updated on 21/05/2026

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