A guide to defamation: definition and examples

Defamation is one of the most high profile types of litigation, generating big headlines and catching out many social media users.

In this article, we will explain what defamation is, give some examples and provide some practical tips for navigating the complexities of defamation claims.

Defamation definition

Defamation is a broad legal term covering the harm done to a person’s reputation when another person or company makes untrue statements about them. Defamation law aims to protect the reputation of a person when such untrue statements are made.

To qualify as defamation, the following must be true:

• false statements must have been made and have been presented as fact
• the subject of the statements must have been clearly identified
• the false statements must have been made to or overheard by a third party i.e. not just through one-to-one communication
• since the introduction of the Defamation Act 2013, the false statements must be shown to have been likely to have caused serious harm to the subject’s reputation.

Types of defamation

Defamation can take two forms, spoken and written. Defamation in spoken form is referred to as slander and defamation in written form is called libel.

Here is a breakdown of some of the key differences between the two forms:

Defamation examples

As we have seen above, defamatory statements can be made in several different ways, across a number of different mediums.

Here is a non-exhaustive list of scenarios which could constitute defamation:

• a newspaper columnist publishing an article claiming that a manufacturer uses child labour. This is later found to be untrue;
• a person publishing edited and misleading photos of another individual to Instagram;
• a user of LinkedIn making a post which falsely claims that a competitor engages in unethical practices;
• a worker falsely claiming to a colleague that another colleague has stolen from their employer.

Take our quiz below to see if you can determine what is and is not defamation.

Defences to defamation claims

To successfully challenge a defamation claim, a defendant must demonstrate one of the following key defences:

• truth: a true statement cannot be defamatory
• honest opinion: if the statement was presented as an honest opinion, rather than as a fact, this may be a valid defence
• innocent dissemination: this defence is often used by those who inadvertently provide a platform to those who make a defamatory statement such as printers or broadcasters
• privilege: certain types of publication are protected by law, such as parliamentary proceedings, judicial reports and employment references
• triviality: if the statement was unlikely to cause serious harm to the claimant, this defence may apply.

Damages in defamation claims

Successful claimants in defamation cases can seek damages for reputational harm, financial loss, emotional distress and, sometimes, for personal injury.

The severity of the defamatory statement will be assessed using the Chase Levels which categorise defamation cases into three tiers:

• level 1: the defamatory statement accuses the defamed person of outright guilt. Level 1 defamatory statements are seen as the most severe
• level 2: the statement provides reasonable grounds for the defamed person to be suspected of wrongdoing
• level 3: the statement provides grounds for further investigation.

The amount of damages awarded will vary based on the Chase Level, the reach and duration of the statement, and the conduct of the defendant.

Damages awarded in defamation claims generally cannot exceed the damages available for pain and suffering in personal injury cases, and are often much lower, so this can be a useful benchmark.

Below are some examples of high-profile defamation cases which highlight the range of damages that can be awarded.

• In Barron v Vines, a political candidate was ordered to pay £1,250 for defamatory remarks made about two MPs from another political party. The low damages were awarded due to the limited reach of the statement and because it was found to be unlikely to cause long term reputational harm to the claimants.
• In Blake v Fox, the judge found that the defendant, an actor and political activist with a large social media following, had caused serious harm to the three claimants when he called each of them a ‘paedophile’ in social media posts. Each claimant was awarded damages of £90,000.
• In Elton John v The Sun, the claimant sued a newspaper over a series of articles about his private life that were untrue. He was awarded damages of £1 million in a case often cited as the biggest defamation case to come before the UK courts. However, this case is regarded as an historic high point for damages in defamation claims, having been tried before damages for defamation became tied to the scale and limit for damages for pain and suffering in personal injury cases.

Other remedies

There are also several non financial remedies that can be awarded or negotiated as part of a settlement:

• publication of the judgment: where the court finds in favour of the claimant, it may order the defendant to publish a summary of the judgment, with a view to correcting the record
• take down orders: where the defamatory content is still available online, the court can issue an order requiring it to be taken down
• issue of an apology: whilst this is not something that the court can order, the lawyers for the defamed party will often seek to negotiate an apology or retraction as part of the settlement. This can go a long way towards limiting the damage done to the subject’s reputation.

Limitation in defamation claims

There is a strict time limit of one year in defamation claims, which applies from the date of publication of the defamatory material, not from when the claimant first learns of it.

If the person accused of defamation subsequently posts the same or very similar claims, the time limit will run from the publication of the original material.