Cameron Miranda
Libel law in the UK is a complex area of legislation, with a long history of reform. Libel is a form of defamation, which occurs when a person or company's reputation is harmed by a published untrue statement. This can be printed, broadcast, or published online. Libel law in the UK has been criticised for stifling free speech, with defendants facing a high burden of proof and the potential for large damages awards. The law also applies to social media posts and retweets, with individuals and companies able to bring defamation claims. Libel cases in the UK have involved notable figures such as JK Rowling, Lance Armstrong, and McDonald's.
| Characteristics | Values |
|---|---|
| Definition of libel | The expression of an untrue insinuation against a person's reputation |
| Libel law in the UK | Libel is not illegal in the UK, but it is a civil wrong (tort) |
| Libel vs. slander | Libel is written, broadcasted, or published online; slander is spoken |
| Defamation | A blanket term that covers libel and slander |
| Defamation Act 2013 | A statement is not defamatory unless it has caused or is likely to cause serious harm to the reputation of the claimant |
| Defamation cases | Can be brought by individuals or companies |
| Claimant requirements | Claimant must be identifiable, but does not have to be named in the defamatory statement |
| Company claimants | Must prove that the defamatory material has led to significant financial losses |
| Libel cases | There is no burden to prove damage done to reputation |
| Slander cases | There is generally a need to prove that damage was caused, unless it is ''slander actionable per se' |
| Criminal libel | Abolished for UK citizens by the Coroners and Justice Act 2009 |
| Blasphemous libel | Abolished as a crime by the Criminal Justice and Immigration Act 2008 |
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What You'll Learn
Libel vs slander
Libel and slander are both types of defamation, which is the expression of an untrue insinuation against a person's reputation. In the UK, defamation law centres on the protection of an individual's or organisation's reputation against false statements.
Libel pertains to permanent statements, such as written or printed defamatory statements, including those published online. Libel is often associated with more enduring forms of media, such as articles, blogs, social media posts, and other written content forms. Libel cases can be significant because of the internet's extensive reach and the enduring nature of written records. Libel can also include recordings of TV programmes, radio broadcasts, and video blogs.
Slander, on the other hand, is associated with transient statements, often in the form of spoken words or gestures. This could include rumours, verbal accusations, or any other oral communication that could detrimentally affect a person's reputation.
The distinction between libel and slander lies in the concept of existential permanence, or how long the statements will stay in the relevant public domain. Libel involves a loss of reputation that is maintained over a long period, whereas slander occurs over a shorter period of time. In some circumstances, there is no need to prove that damage was caused by slander; this is called 'slander actionable per se'.
In the UK, there is a distinction between "harm" and "serious harm" in defamation cases. The Defamation Act 2013 stipulates that for a statement to be defamatory, it must cause or be likely to cause "serious harm" to the claimant's reputation. This means that only genuinely damaging statements can be considered defamation.
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Defamation
Libel law in the UK falls under the umbrella of defamation law. Defamation refers to the publication of statements that can cause serious harm to the reputation of an individual or company. There are two types of defamation: libel and slander. Libel occurs when defamatory statements are printed, broadcast, or published online, while slander involves spoken statements. Libel law applies to companies as well as individuals, and companies can sue for libel in the same way as natural persons.
To make a successful defamation claim, the claimant must provide evidence that the publication has caused or is likely to cause serious harm to their reputation. This is known as "serious reputational damage" and is the standard requirement for any defamation claim under the Defamation Act 2013. The claimant does not need to be directly named in the defamatory statement, but they must be identifiable. Additionally, the usual defences of truth or honest opinion, as outlined in the Defamation Act 2013, can be applied.
Social media has become a significant factor in defamation cases, as individuals can easily share their views and opinions with a wide audience. Retweets, for example, can be considered republication, and individuals who retweet defamatory content may also be held liable for libel. It is important to note that there is a one-year time limit for bringing a libel claim, and the claimant must demonstrate that the untrue statement was made through a third party, such as an article or a social media post.
The UK has seen several notable defamation cases, including those involving JK Rowling, McDonald's, and various UK politicians. Critics have argued that the high burden of proof on defendants and the large damages awarded in past cases stifle free speech and result in "libel tourism". As a result, reforms have been proposed to alter the law and address these concerns.
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Libel tourism
The SPEECH Act, passed in 2010, has significantly restricted libel tourism in the United States. The Act requires that all foreign libel judgments follow US libel standards, and if they do not, the courts will not enforce them. Several individual US states have also passed their own libel tourism acts to further curb the issue. Libel tourism remains a public policy issue for government leaders, who must balance First Amendment rights with the need to respect the laws and decisions of other jurisdictions.
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Libel claims
In the context of libel claims, the burden of proof falls on the defendant, and English defamation law does not require the claimant to prove falsehood. This aspect of the law has been criticised as an impediment to free speech, particularly in the context of 'libel tourism', where plaintiffs sue in England to censor critical works that would be rejected in their home countries. The 2010 SPEECH Act in the US, for example, was created in response to English libel laws to protect US citizens from foreign libel judgements that don't comply with US free speech protections.
To bring a successful libel claim, a claimant needs to show that the statement in question is defamatory, meaning that an ordinary person would think worse of the claimant as a result of the statement. Since the Defamation Act of 2013, claimants must also demonstrate that the statement has caused or is likely to cause serious harm to their reputation. This could include serious financial loss for companies.
Any person or business involved in publishing defamatory material can be sued, including authors, editors, producers, publishing companies, and sometimes website owners. Libel claims must be brought within one year of the date of publication, even if the material is subsequently republished. Remedies for libel can include compensation, injunctions to prevent further publication, and apologies or corrective statements.
It's worth noting that social media posts, including retweets, can also be considered a form of publication in libel cases, as long as they have reached a significant number of people and caused reputational harm.
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Libel cases
Libel law in the UK falls under the umbrella of defamation law. Defamation is the expression of an untrue insinuation against a person's reputation. Libel cases specifically refer to defamation in permanent form, typically in writing, but also in pictures, signs, videos, and broadcast content.
In the UK, companies and legal persons can sue on the basis of libel, just as natural persons can. In libel cases, there is no burden to prove damage done to reputation, unlike in slander cases. However, the claimant must establish with evidence that the publication has caused or is likely to cause serious reputational damage. This is the standard requirement of any defamation claim under section 1(1) of the Defamation Act 2013.
There have been numerous notable libel cases in the UK. One such case involved Countdown host Rachel Riley, who sued blogger Mike Sivier for libel and won £50,000 and an injunction. Another well-known case is the dispute between the wives of two footballers, Rebekah Vardy and Coleen Rooney, also known as the Wagatha Christie trial. This case was sparked by Rooney accusing Vardy of disclosing private Instagram posts to the press. The libel claim against Rooney was dropped after her defence of truth was successful.
Other examples of libel cases in the UK include Keira Knightley's High Court libel case against the Daily Mail, in which she won £3,000, and a case involving Tom Cruise, where the Daily Express alleged that his marriage to Nicole Kidman was arranged by the Church of Scientology. The Daily Express apologised and paid an undisclosed six-figure sum to the couple.
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Frequently asked questions
Libel is a permanent form of defamation, which comes in the form of a written or broadcast statement that falsely accuses someone of something.
In UK law, defamation is a blanket term that covers libel and slander. Libel is when defamatory statements have been printed, broadcasted, or published online. Slander is when they are made verbally.
The common law crimes of criminal libel and seditious libel were abolished for UK citizens by the Coroners and Justice Act 2009. The crime of blasphemous libel was abolished as a crime by the Criminal Justice and Immigration Act 2008. An increase in defamation litigation has been noted in England since the early 17th century.
In 2013, JK Rowling sued the Daily Mail for defamation after they published an article about her early days as a single mother. Another example is the case of McDonald's vs. Steel and Morris, in which Steel and Morris were ordered to pay damages for making false claims that damaged McDonald's reputation.
If someone has written or published an untrue statement about you, you may be able to claim libel. You must act fast, as you only have one year to bring a libel claim. You can deal with the matter privately through solicitors.
