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ARTICLE · 20 DECEMBER 2013

The Defamation Act 2013: The Emperor’s New Clothes?

The 1st of January – a time for resolutions, for good intentions and for kind words.

United KingdomLitigation, Mediation & Arbitration

The 1st of January – a time for resolutions, for good intentions and for kind words. On 1 January 2014 these resolutions are more apt than ever as the long-awaited Defamation Act 2013 finally comes into force. So is it time to step away from Twitter? Have the thunderclouds broken over the long summer holiday of libel tourism in England? And following the intense scrutiny of the press during the Leveson Inquiry, are we finally going to give them a break? Or is the new act, to all intents and purposes, the old one dressed up in the Emperor's new clothes to satisfy a political agenda?

It's been a slow legislative road to get to this point, a journey of almost four years since the Ministry of Justice first published a draft Defamation Bill for consultation in March 2011. However, when put into context (the last Defamation Act came into force in 1996, 10 years before Twitter was even founded) it was probably a necessary one. Where once the main perpetrators of defamatory

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