The definition of defamation

In the UK, there is no statutory definition of defamation. Instead, various statements by the courts contribute to a common law definition of defamation.

Each definition has a common link to the reputation of the person or business about whom the statement is made. The most widely regarded definition of defamation is a statement made which ‘tends to lower him in the estimation of right-thinking members of society generally’. If there is no injury to the reputation or character of the person or business, then it is unlikely that the statement is defamatory. For example, a mere insult, or simple abuse, may not realistically injure the person’s reputation. However, where the statement exposes the person to hatred, contempt or ridicule, or causes the person to be shunned or avoided, it may be defamatory.

Whilst not part of the definition of defamation per se, the defences of justification or truth, and fair comment, are important considerations in determining whether a statement is defamatory. Under the defence of justification, if it can be proved that the statement is substantially true, then the statement will not be defamatory. Similarly, under the defence of fair comment, if it can be established that the statement was intended as an expression of a genuinely held opinion, and not as a statement of fact, and that the opinion was made in relation to provable facts, then it may not be defamatory. Other defences, variations of a privilege defence, also exist.

If you would like to obtain legal advice about defamation, Contact Law can put you in touch with local specialist defamation solicitors free of charge. So, if you have any questions or would like our help in finding local specialist defamation solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 02/03/2010