Key Takeaways
- Defamation covers libel, in written or online form, and slander, in spoken form, and a statement is only defamatory if it causes or is likely to cause serious harm to your reputation.
- For a business, serious harm means serious financial loss.
- You usually have just one year from publication to bring a defamation claim, so acting quickly matters.
- Many cases are resolved without court through a correction, apology or removal, but truth and honest opinion are complete defences.
A false review, a damaging social media post, an article that crosses the line. When someone publishes something untrue about you or your business, the harm can be immediate and lasting, and it is natural to want it stopped and put right.
Defamation law gives you a route to do that, but it is narrower and more time-limited than many people expect. Not every hurtful or unfair statement is defamatory, and the law deliberately protects free speech alongside reputation.
This guide explains what counts as defamation, how to tell whether you have a claim and the practical steps to respond to false and damaging statements, so you can act quickly and avoid wasting time and money on a claim that will not get off the ground.
If your reputation is under attack, our dispute resolution solicitors offer a free 30-minute consultation.
What counts as defamation?
Defamation is the publication to a third party of a false statement that harms someone’s reputation. It comes in two forms. Libel is defamation in a permanent form, such as writing, online posts or broadcasts, and is usually actionable without proving financial loss. Slander is spoken or otherwise transient, and usually requires proof of actual financial loss. We focus on the written form in our guide to libel litigation.
A statement is defamatory if it would lower you in the estimation of reasonable members of society, expose you to ridicule or cause you to be shunned. Rudeness, insults and genuinely held opinion are not the same thing, and the law treats them very differently.
The serious harm threshold
This is the filter that stops most weak claims. Under section 1 of the Defamation Act 2013, a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to your reputation. For a business that trades for profit, that means serious financial loss.
The courts have made clear that you have to show the actual impact of the words, not simply that they were capable of being damaging. A trivial slight, or something seen by only a handful of people, will usually fall short of serious harm.
Do you actually have a claim?
Before doing anything, it helps to check the building blocks. To have a defamation claim, you generally need to show that:
- The statement is defamatory in meaning, not merely rude or unflattering.
- It identifies you, by name or in a way that a reasonable person would understand to refer to you.
- It was published to at least one other person.
- It has caused or is likely to cause serious harm to your reputation, or serious financial loss if you are a business.
If any of these is missing, a claim is unlikely to succeed, and it is far better to know that at the outset than after spending money pursuing it.
Act fast: the one-year time limit
Defamation is unusually time-sensitive. You generally have only one year from the date a statement was first published to bring a claim, under section 4A of the Limitation Act 1980, far shorter than the six years that applies to most other claims. The single publication rule means the clock runs from first publication, not from each time the content is viewed or shared.
The court can extend the year, but rarely does, so the safe assumption is that it is fixed. With online content especially, capture the evidence early, including screenshots, web addresses and dates, before it is edited, deleted or spreads further.
How to respond
Court should be a last resort. In most cases there are quicker and cheaper steps to take first.
Start by preserving the evidence and recording any harm, such as lost clients or cancelled contracts. Then consider asking for the content to be removed. Many platforms and review sites have complaint processes, and our reputation and media solicitors act to secure takedowns and, where an online author is anonymous, to require a website operator to remove the content or identify who posted it.
If removal alone is not enough, a letter of claim under the relevant pre-action protocol formally sets out the statement, why it is defamatory and false, and what you are seeking, whether that is a correction, an apology, removal or compensation. This frequently resolves matters without proceedings.
If it does not, a claim can be issued, and defamation cases are now normally heard by a judge rather than a jury. Remedies include damages, an order to publish a correction or a summary of the court’s judgment, and removal of the content. The courts are generally reluctant to grant an injunction to stop something being published in advance, particularly where the person who made the statement intends to prove it is true.
Defences you should expect
Knowing what the other side can argue is part of deciding whether a claim is worth pursuing. The main defences are:
- Truth: if the statement is substantially true, there is no defamation, however damaging it is.
- Honest opinion: a genuinely held opinion, based on facts and which an honest person could have held, is protected.
- Public interest: a statement on a matter of public interest, published responsibly, can be defended.
- Privilege: some statements, such as those made in court or in Parliament, are protected whatever their content.
These defences are why the law protects free speech as well as reputation, and why an honest assessment of how the other side would respond is so important before you commit to a claim.
What if you are the one accused?
The same rules cut both ways. If you receive a letter of claim or are accused of defaming someone, do not ignore it, because the costs of an undefended claim are real. Take advice quickly and consider whether what you said is true, an honest opinion or a matter of public interest, and whether it even meets the serious harm threshold. A measured early response, including a correction or clarification where one is warranted, can often head off a claim before it starts.
Speak to a dispute resolution solicitor about a defamation claim
Defamation is one of the most time-sensitive areas of law, and the difference between a strong claim and a dead end often comes down to acting fast and assessing it correctly at the outset. Whether your reputation is under attack or you have been accused of defaming someone, early advice is invaluable.
At Osbourne Pinner, our dispute resolution solicitors advise individuals and businesses on libel and slander claims, from securing the removal of damaging content and negotiating corrections and apologies through to court proceedings. As experienced reputation and media solicitors, we act quickly to limit the damage and protect what matters.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
