ABSTRACT

This chapter outlines the tort of defamation as a tort protecting interference with the claimant’s reputation. It examines the elements of the claim: publication; of a statement which is defamatory; which refers to the claimant. The chapter explains what it means to say that a statement is defamatory (for example, that it would lower the claimant in the estimation of right-thinking people). It notes the additional ‘serious harm’ requirement imposed by the Defamation Act 2013 : that a statement is not defamatory unless the harm caused to reputation is serious. After outlining the requirement for the defamatory statement to refer to the claimant, and the meaning of publication, the chapter presents key defences – truth, honest opinion, publication on a matter of public interest, privilege, and limitation. It then explains the distinction between libel (a defamatory statement in permanent form, such as in writing) and slander (a defamatory statement in transient form, such as the spoken word). Finally, it briefly considers the remedies for defamation – of damages and injunction.