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Article Summary

This practice note provides an overview of the defences available in defamation claims under English law. It covers both common law and statutory defences. The main defences discussed are truth, honest comment, absolute and qualified privilege, publication on a matter of public interest, offer of amends, and defences for internet/secondary publishers. The practice note explains the key elements and requirements of these defences, as well as highlighting some notable cases which have examined their scope. For example, the defence of truth requires the defendant to prove the substance of the defamatory statement is true. The defence of honest comment requires the opinion to be on a matter of public interest, indicate its basis, and be one which an honest person could have held. The practice note also covers potential reforms to address strategic lawsuits against public participation (SLAPPs). It explains that the Economic Crime and Corporate Transparency Act 2023 will introduce measures aimed at deterring the use of SLAPPs. Overall, the practice note provides a concise overview of the main defences available in defamation, their key features, and recent developments relevant to practitioners in this area.