English defamation law

Part of a series on common law
English tort law
Negligence
Duty of care Bolam test Breach of duty Causation Breaking the chain Acts of the claimant Remoteness Professional negligence Psychiatric harm Loss of chance Loss of right Res ipsa loquitur Eggshell skull
Trespass
Occupiers' liability
Occupiers' Liability Act 1957 Occupiers' Liability Act 1984
Defamation
Strict liability
Vicarious liability Rylands v Fletcher
Nuisance
v t e

Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307).^[1] The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions.^[2] Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.

English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, honest opinion (previously known as fair comment), and privilege. A defamatory statement is presumed to be false, unless the defendant can prove its truth.

English defamation law puts the burden of proof on the defendant, and does not require the plaintiff to prove falsehood. For that reason, it has been considered an impediment to free speech in much of the developed world. In many cases of libel tourism, plaintiffs sued in England to censor critical works when their home countries would reject the case outright. In the United States, the 2010 SPEECH Act makes foreign libel judgements unenforceable and unrecognisable by U.S. courts if they don't comply with U.S. protections for freedom of speech and due process, which was made largely in response to the English laws.^[3]

The Defamation Act 2013 substantially reformed English defamation law in recognition of these concerns, by narrowing the criteria for a successful claim, mandating evidence of actual or probable harm, and enhancing the scope of existing defences for website operators, public interest, and privileged publications. The 2013 law applies to causes of action occurring after its commencement on 1 January 2014.^[4]