Defamation & Privacy
Law of libel, slander, and protection of private information including the Defamation Act 2013.
ভূমিকা
Defamation law protects reputation from false statements. The Defamation Act 2013 reformed the law significantly, requiring claimants to prove 'serious harm' to reputation (s.1). The Act introduced new defences including truth (s.2), honest opinion (s.3), publication on a matter of public interest (s.4), and a single publication rule (s.8). Privacy is protected through the tort of misuse of private information, developed through cases such as Campbell v MGN and informed by Article 8 ECHR (right to respect for private life).
মূল নীতি
Serious Harm Threshold (s.1) — A statement is not defamatory unless it has caused or is likely to cause serious harm to the claimant's reputation.
Libel vs Slander — Libel is defamation in permanent form (writing, broadcast); slander is in transient form (speech). Libel is actionable per se; slander generally requires proof of special damage.
Truth (s.2) — Complete defence if the defendant shows the statement is substantially true.
Honest Opinion (s.3) — Defence for statements of opinion based on facts indicated or known to the audience.
Public Interest (s.4) — Defence where publication was on a matter of public interest and the defendant reasonably believed publication was in the public interest.
Misuse of Private Information — Tort protecting private information where the claimant has a reasonable expectation of privacy. Balances Art 8 (privacy) against Art 10 (expression).
Limitation Period — One year from publication date (Limitation Act 1980, s.4A).
মূল আইন
Defamation Act 2013
Human Rights Act 1998
প্রধান মামলা
Campbell v MGN Ltd
[2004] UKHL 22
Lachaux v Independent Print Ltd
[2019] UKSC 27
Reynolds v Times Newspapers Ltd
[2001] 2 AC 127
সাধারণ পরিস্থিতি
False review posted online about your business
Potential libel claim under the Defamation Act 2013 if the statement causes serious harm. Can seek removal, damages, and an injunction. Must bring claim within one year.
Newspaper publishes private photos
Claim for misuse of private information if there was a reasonable expectation of privacy. The court will balance the right to privacy (Art 8) against freedom of expression (Art 10).