Defamation Law Glossary

A plain-English guide to the key legal terms used in defamation law. Understanding these concepts can help you navigate your situation more confidently.

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Absolute Privilege

A complete defence to defamation that applies in specific contexts, such as statements made in Parliament or during court proceedings. No action can be brought regardless of malice.

After the Event (ATE) Insurance

Insurance taken out after a legal dispute has arisen to cover the risk of having to pay the other side's legal costs if you lose.

Aggravated Damages

An enhanced award of compensatory damages available where the defendant's conduct has made the harm worse — for example, by repeating the defamatory statement, refusing to apologise, or behaving maliciously throughout the proceedings. They remain compensatory in character rather than punitive.

Chilling Effect

The suppression of legitimate speech or expression caused by the fear of legal consequences, even where the speech would not actually be unlawful. In defamation law, a chilling effect arises when the threat of litigation deters journalism, whistleblowing, or public commentary. The Defamation Act 2013 introduced the serious harm threshold partly to reduce this effect.

Claimant

The person or organisation bringing a defamation claim—the party whose reputation has allegedly been harmed.

Conditional Fee Arrangement (CFA)

A 'No Win, No Fee' agreement where the solicitor's fees are only payable if the case is successful, with a success fee capped by regulation.

Damages

Financial compensation awarded by a court to the claimant for harm caused by defamation. Can include compensatory, aggravated, and exemplary damages.

Exemplary Damages

A punitive award, separate from compensatory damages, available in exceptional cases where the defendant's conduct was calculated to make a profit that would exceed any compensatory award. Rarely granted in defamation and subject to strict criteria, but available where a publisher knowingly published a false story for commercial gain.

Defamation

The publication of a false statement about a person or organisation that causes serious harm to their reputation. Covers both libel (written) and slander (spoken).

Defamation Act 2013

The primary UK legislation governing defamation claims, introducing requirements including the 'serious harm' threshold, new statutory defences, and restrictions on claims by corporations.

Defendant

The person or organisation against whom a defamation claim is brought—the alleged publisher of the defamatory statement.

Honest Opinion

A statutory defence under the Defamation Act 2013. Requires that the statement was a genuine opinion, based on facts indicated or known to the audience, and not made with malice.

Gagging Order

A colloquial term for an injunction or other court order that restrains a party from publishing or disclosing particular information. In defamation and privacy law, gagging orders can be obtained urgently on an interim basis to prevent imminent publication of harmful content. They are subject to the court's balancing of free expression against the right to a private life or reputation.

Injunction

A court order requiring a party to do or refrain from doing something. In defamation, typically used to prevent further publication or require removal of defamatory content.

Innuendo

A form of defamation where the defamatory meaning of a statement arises not from its literal words but from the way it would be understood by those with knowledge of particular facts or circumstances. True innuendo requires the claimant to plead and prove those extrinsic facts. Legal innuendo refers to a secondary defamatory meaning which a reasonable reader would draw from the words even without special knowledge.

Interim Injunction

A temporary injunction granted before trial to prevent ongoing harm. Requires demonstrating that the claimant is likely to succeed at trial.

Libel

Defamation in a permanent form, including written statements, broadcasts, social media posts, and online publications.

Limitation Period

The time limit within which a defamation claim must be brought. In England and Wales, this is one year from the date of publication.

Malice

In defamation law, malice defeats qualified privilege and consists of either (1) knowledge that the statement was false at the time of publication, (2) reckless indifference as to its truth or falsity, or (3) an improper dominant purpose — such as spite, personal enmity, or using the occasion as a weapon rather than for its genuine purpose. Proving malice is the key mechanism for overcoming qualified privilege defences in employment references, regulatory complaints, and workplace communications.

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Malicious Falsehood

A claim for false statements about a person's goods, services, or business. Unlike defamation, requires proof the defendant knew the statement was false or was reckless as to its truth.

Norwich Pharmacal Order

A court order requiring a third party (such as a social media platform) to disclose the identity of an alleged wrongdoer, commonly used to identify anonymous online defamers.

Pre-Action Protocol

The formal steps parties are expected to take before issuing court proceedings, including a Letter of Claim and a specified period for response.

Publication

The communication of a defamatory statement to at least one person other than the claimant. Each new communication can constitute a fresh publication.

Public Interest Defence

A statutory defence under the Defamation Act 2013 for statements on matters of public interest, where the defendant reasonably believed publication was in the public interest.

Qualified Privilege

A defence available where the publisher had a duty or interest in making the statement and the recipient had a corresponding duty or interest in receiving it. Defeated by malice.

Reportage

A form of the public interest defence (and its common law predecessor) protecting the neutral, accurate reporting of statements made by others — even where the publisher does not verify the truth of what is being reported. The doctrine applies where the fact of the allegation being made is itself a matter of public interest, and the publisher does not adopt or endorse the statement. It is most commonly invoked by journalists and media organisations.

Retraction

A formal withdrawal or correction of a defamatory statement by the publisher. A prompt, prominent retraction can reduce damages and demonstrate good faith, though it does not extinguish liability for the original publication. Retractions are frequently negotiated as part of settlement agreements.

Right to be Forgotten

The right, established by the GDPR (now UK GDPR), to request erasure of personal data held by an organisation. In the context of online defamation, it is sometimes used alongside — or instead of — defamation law to seek removal of damaging search results or web content. The right is not absolute and must be balanced against freedom of expression and legitimate public interest.

Section 5 Notice

A formal complaint procedure under section 5 of the Defamation Act 2013 allowing a person to notify a website operator that content posted by a user is defamatory. The operator must either remove the content or pass the complainant's details to the poster so they can respond. If the operator follows the prescribed procedure it gains a defence to defamation. Commonly used against review platforms such as Trustpilot and Google.

Serious Harm

The threshold requirement under section 1 of the Defamation Act 2013. A claimant must show that the statement has caused, or is likely to cause, serious harm to their reputation.

Serious Financial Loss

The enhanced threshold for businesses under the Defamation Act 2013. A body trading for profit must show serious financial loss, not merely reputational harm.

Single Publication Rule

Under the Defamation Act 2013, the limitation period runs from the first publication. Subsequent access to the same material does not restart the clock, with limited exceptions.

Slander

Defamation in a transient form, primarily spoken words. Generally requires proof of special damage (financial loss) unless the statement falls into specific categories.

Truth (Justification)

The complete defence that the defamatory statement is substantially true. The burden of proof is on the defendant. If proved, this is an absolute defence regardless of motive.

Trade Libel

An alternative term for malicious falsehood (also known as injurious falsehood). It refers to a false statement made maliciously about a person's goods, services, or business that causes financial damage. Unlike defamation, trade libel requires the claimant to prove both that the defendant acted maliciously and that specific financial loss resulted.

Undertaking

A formal promise, given to the court or to the other party, to do or refrain from doing something — for example, not to repeat a defamatory statement. Breach of an undertaking given to the court is contempt of court. Undertakings are commonly secured as part of defamation settlements and provide enforceable protection against further publication.

Vindication

The restoration of a claimant's reputation, whether through a court judgment, published correction, apology, or damages award.

Website Operator Defence

A defence under section 5 of the Defamation Act 2013 for operators of websites who did not post the defamatory statement and follow the prescribed complaint procedures.

Disclaimer: This glossary provides simplified explanations of legal concepts for general understanding only. It does not constitute legal advice. Legal terms may have specific technical meanings that differ from the summaries provided here. Always seek professional legal advice for your specific situation.

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