The Defamation Act 2013 - In house lawyers forum 2013, Oliver Sweeney
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Transcript of The Defamation Act 2013 - In house lawyers forum 2013, Oliver Sweeney
1. significant provisions and changes
2. issues when you are defendant
3. issues when you are claimant
4. recommendations
• online publication
• British Chiropractic Association v Simon
Singh
• index on censorship
• does the Act address these concerns?
• a statement is not defamatory unless its
publication has caused or is likely to
cause serious harm to the reputation of
the claimant
• harm to the reputation of a body that
trades for profit is not ‘serious harm’
unless it has caused or is likely to cause
the body serious financial loss
• honest opinion
• publication on matter of public interest
• publication in a scientific journal
• qualified privilege
• limitation (single publication rule)
• operators of websites have a defence if
it was not the operator who posted the
statement
• defeated if the claimant shows that
– it was not possible for them to identify
the person who posted the statement
– the claimant gave the operator a notice
of complaint in relation to the statement
and they failed to respond
• general protection for intermediaries
(persons who are not the author, editor
or publisher of the statement)
• separately – availability of third party
orders (s.13)
• Act intended to rebalance law in favour
of freedom of speech
• but most helpful for certain types of
defendant e.g. journalist, scientists,
website operators
• websites may still operate notice and
take down procedure
• claims will need to be more thoroughly
assessed before they are initiated
• need to pursue smaller bodies – costs
risks
• take advantage of website operator’s
defence regulations
• for public bodies – note application of
Carmarthenshire case
• use of
– other causes of action e.g. harassment,
unfair advertising laws
– technical means of reputation
management
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