Kara Sears
Libel cases in England are heard under the branch of defamation law. The burden of proof in a libel case lies with the defendant, who must prove that their statement is true. Libel tourism, where plaintiffs sued in England to censor critical works, was a common practice until the Defamation Act of 2013, which requires plaintiffs to prove that the UK is the most appropriate jurisdiction to bring a suit. Libel is a civil wrong, and a victim can take legal action against the person who made the libel statement and gain compensation for any losses.
| Characteristics | Values |
|---|---|
| Definition | Libel is a civil wrong (tort) where a person makes a libel statement and can be held liable for their actions. |
| Legal action | The victim can take legal action against the person who made the libel statement and gain compensation for any losses. |
| Time limit | A person has one year to bring a libel claim. |
| Criteria | The untrue statement must be made through a third party, for example, an article in a newspaper or a post on social media. |
| Defamation | Defamation is when a person publishes a statement or material about another person that is untrue and is damaging to the claimant's reputation or likely to cause such harm. |
| Offer of amends | The defendant may make an offer of amends in writing, correcting the libel, and providing a sufficient apology. |
| Damages | Damages come in the form of compensatory and exemplary. Compensatory damages are where the defendant pays money to the victim to compensate for damages they have faced, such as loss of work. Exemplary damages are where the defendant faces a punishment to stop them and prevent others from conducting similar behaviour. |
| Defence | The defendant can prove that the statement is true or that it was an opinion. |
| Burden of proof | English defamation law puts the burden of proof on the defendant and does not require the plaintiff to prove falsehood. |
| Libel tourism | Plaintiffs sued in England to censor critical works when their home countries would reject the case outright. |
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Libel and slander
Slander is a temporary form of defamation, generally spoken. However, anything spoken on radio or television constitutes libel. Slander can also include gestures or visual forms of communication, such as photographs or paintings. In cases of slander, the claimant must prove that the defamation has been damaging to them, whereas in cases of libel, this need not be proven. However, in both cases, the claimant must prove that the statement is untrue and has caused or is likely to cause serious reputational damage.
In the UK, libel and slander cases have a history dating back to the 13th century, with the crime of scandalum magnatum (insulting peers of the realm through slander or libel) established by the Statute of Westminster in 1275. Over the centuries, there have been numerous reforms to defamation laws, with the most recent being the Defamation Act of 2013, which made significant changes to English defamation law. This Act introduced new statutory defences of truth, honest opinion, and "publication on a matter of public interest". It also narrowed the criteria for a successful claim, mandated evidence of actual or probable harm, and enhanced the scope of existing defences for website operators, public interest, and privileged publications.
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Libel tourism
Libel is a written defamatory statement. Libel tourism occurs when plaintiffs in a libel case exploit the differences in defamation laws between countries. They do this by forum shopping, which means filing lawsuits in jurisdictions where libel laws are less restrictive than in the US legal system. Libel tourism is a significant issue in the US, where defamation laws generally favour defendants.
In the US, the First Amendment's free speech rights are frequently used in defamation cases, making it challenging for plaintiffs to succeed with defamation claims. In contrast, English defamation law puts the burden of proof on the defendant, and does not require the plaintiff to prove falsehood. This has been criticised as an impediment to free speech, and given rise to the phenomenon of libel tourism. Plaintiffs have sued in England to censor critical works when their home countries would reject the case.
In response to concerns about libel tourism, the Defamation Act 2013 substantially changed English defamation law. The Act narrowed the criteria for a successful claim, mandated evidence of actual or probable harm, and enhanced the scope of existing defences for website operators, public interest, and privileged publications. Similarly, in the US, the 2010 SPEECH Act makes foreign libel judgements unenforceable and unrecognisable by US courts if they don't comply with US protections for freedom of speech and due process.
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Defamation Act 2013
Libel cases in England fall under the branch of civil law. Libel is a civil wrong (tort), and while it is not illegal, someone who has made a libel statement can be held liable for their actions. The victim can take legal action and gain compensation for any losses.
The Defamation Act 2013 substantially changed English defamation law. It requires plaintiffs who bring actions in the courts of England and Wales alleging libel by defendants who do not live in Europe to demonstrate that the court is the most appropriate place to bring the action. The Act also narrowed the criteria for a successful claim, mandating evidence of actual or probable harm, and enhancing the scope of existing defences for website operators, public interest, and privileged publications.
The Defamation Act 2013 abolished the common law defence of justification, and as such, section 5 of the Defamation Act 1952 (justification) is repealed. The common law defence of fair comment is also abolished, and section 6 of the Defamation Act 1952 (fair comment) is repealed. The common law defence known as the Reynolds defence is also abolished.
The Defamation Act 2013 also amended section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) and repealed the Slander of Women Act 1891. The Act introduced a requirement of serious harm, stating that "a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant". This requirement is not a defence, but an element of the tort for which the burden of proof lies with the claimant.
The Defamation Act 2013 came into force on 1 January 2014 and applies to causes of action occurring after that date. It changed a number of defamation procedures, including removing juries from most defamation cases and referring them to a new Independent Regulatory Board (IRB) for arbitration services.
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Libel case process
Libel law falls under the branch of English defamation law. Libel is a civil wrong (tort) in the UK, meaning that someone who has made a libel statement can be held liable for their actions. However, it is not a crime and will not be handled by the police.
In England, libel cases can be brought to the High Court for any published statements that are alleged to defame a named or identifiable individual or company (as companies are considered legal persons). The process for bringing a libel claim is as follows:
- Ensure your case meets the criteria: The untrue statement must be made through a third party, such as an article in a newspaper or a post on social media.
- Act quickly: There is a time limit of one year to bring a libel claim.
- Establish jurisdiction: If the defendant is not UK-domiciled, the court must be satisfied that England and Wales is the most appropriate place to bring the action, especially in cases of worldwide publication.
- Offer of amends: If the defendant is not willing to defend their statement, they may make an offer of amends in writing, correcting the libel and providing an apology. They may also offer compensation to the victim.
- Damages: If the case goes to court and the defendant is found liable, they may be ordered to pay compensatory damages to the victim to compensate for losses, such as loss of work. Exemplary damages may also be awarded to punish the defendant and deter similar behaviour.
- Defences: If you are facing a libel accusation, there are several defences you can make, including proving that the statement is true or that it was an opinion.
It is important to note that English defamation law puts the burden of proof on the defendant and does not require the plaintiff to prove falsehood, which has been criticised as an impediment to free speech. The Defamation Act 2013 made substantial changes to address these concerns, narrowing the criteria for a successful claim and enhancing defences for website operators, public interest, and privileged publications.
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Libel defences
Libel is a civil wrong (tort) in the UK, and as such, someone who has made a libel statement can be held liable for their actions. The victim can take legal action against them and gain compensation for any losses. However, there are several defences that can be made against libel accusations.
Truth
The statement being substantially true is a complete defence to a claim in libel or slander. The burden of proof rests on the publisher to prove that the statement is true, rather than on the claimant to show that it is false. The sole exception is old, spent convictions under the Rehabilitation of Offenders Act 1974, which are treated as expunged and cannot be pleaded as truth.
Honest Opinion
Proving that the statement was an opinion is a valid defence. The defendant must show that the statement was a statement of opinion, that it indicated the basis of the opinion, and that an honest person could have held the opinion based on facts or a privileged statement published before the statement in question.
Publication on a Matter of Public Interest
The defendant must show that the statement was, or formed part of, a statement on a matter of public interest, and that they reasonably believed that publishing the statement was in the public interest.
Privilege (Qualified or Absolute)
Website operators and online intermediaries are provided with certain statutory protections under the Defamation Act 2013 and related regulations. A website operator is not liable for defamatory statements posted by a third party provided that the operator did not post the statement themselves, the identity of the poster is unknown to the claimant, and the operator did not fail to respond to a formal notice of complaint in accordance with the Defamation (Operators of Websites) Regulations 2013.
Offer of Amends
Where a defendant is not willing to defend their statement, they may make an offer of amends in the form of a published statement correcting the libel and providing a sufficient apology. In some cases, the defendant may also pay the victim compensation.
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Frequently asked questions
Libel is written defamation, whereas slander is oral defamation. Libel is a civil wrong (tort) in the UK, and slander is a temporary form of defamation.
Libel can occur when a company writes an article about a rival company making death threats. It can also occur when someone writes a social media post about a dentist having false qualifications.
Defences for a libel accusation include proving that the statement is true or that it was an opinion. If the defendant is not willing to defend their statement, they may make a written offer of amends, which includes a correction and an apology.
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