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Defamation Act 2013 / Common Law

UK Speech Law Reference — Law 09 of 12

The Defamation Act 2013 modernised UK defamation law, introducing a serious harm threshold and codifying key defences.

Serious Harm Threshold (s.1)

A statement is not defamatory unless its publication has caused or is likely to cause serious harm to reputation. For bodies trading for profit, this means serious financial loss. Lachaux v Independent Print [2019] UKSC 27 confirmed harm must be proved by evidence.

Key Defences

Truth (s.2): The imputation conveyed is substantially true.

Honest Opinion (s.3): A statement of opinion based on facts, one an honest person could have held.

Public Interest (s.4): Publication on a matter of public interest where the publisher reasonably believed so.

Website Operators (s.5): Defence for operators who did not post the statement, subject to notice procedures.

Time Limits

Claims must be brought within one year from publication. Each republication potentially starts a new limitation period.

Source: legislation.gov.uk. This page is for informational purposes only and does not constitute legal advice.