Defamation Reform - New Law For A New Era?

The Defamation Act 2013 ("the Act") received Royal Assent last month – it has not yet come into force, but is expected to do so soon. The Act has been long in the making and provoked much debate among practitioners, but in essence it is designed to modernise the law of defamation and also make it fit for purpose in the digital age. We shall examine how this is to happen by describing some of the major changes the Act will introduce.

1. Serious Harm

The Act begins by establishing a new statutory bar which is designed to weed out trivial libel claims by the imposition of a test of "serious harm". A statement will not be considered defamatory "unless its publication has caused or is likely to cause serious harm to the reputation of the claimant". This test focuses on the harm caused, rather than whether any harm was intended.