On 1 January 2014 the Defamation Act 2013 (‘the Act’) came into force. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. We first reviewed the practical impact of the Act in 2020, and now do so again, a decade on from the Act first coming into force. Continue reading
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Tag: Defamation Act 2013 (Page 1 of 7)
The recent judgment in Dyson v MGN Limited [2023] EWHC 3092, in which the Defendant publisher succeeded in its defence of honest opinion, provides important authority on the interpretation of section 3(4)(a) of the Defamation Act 2013. Continue reading
Northern Ireland has never shown much enthusiasm for the Defamation Act 2013. When it first came on the agenda for debate there, the Finance Minister at the time declined to table it and declared that ‘Northern Ireland had no plans to review its defamation law’. However, it is only now that the Northern Ireland Assembly has been formally tasked with contemplating similar reform (see the Northern Ireland Defamation Bill) that the full scale of hostility towards the 2013 Act has come to the fore. Continue reading
Section 13(1) of the Defamation Act 2013 allows a Court to order that a non-party to cease communicating a defendant’s defamatory statement. Such an order can be made against a website operator, requiring them to remove the statement (section 13(a)), or any person who was not the author, editor or publisher of the defamatory who is distributing, selling or exhibiting material containing the statement (section 13(b)). Such orders are made after a claimant has obtained judgment. Continue reading
In our first post on the decision of Mr Justice Jay in Soriano v Forensic News LLC and Others [2021] EWHC 56 (QB) we focused on the Judge’s analysis of the circumstances in which the GDPR will apply to a publisher based outside the EU (and by analogy the UK GDPR to a publisher based outside the UK). Continue reading
I make the case in Part 1 of this post that there are good policy reasons why Section 1(2) of the Defamation Act 2013 (“the 2013 Act”) does not always best serve the public interest. However even if the Section 1(2) hurdle were absent, a corporate claimant whose product or business practices have wrongly been attacked is likely then to be confronted with a “public interest” defence under Section 4. Continue reading
The Defamation Act 2013 (‘the Act’) came into force on 1 January 2014. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. In this follow-up article, we revisit the topic six years after the Act’s inception and look at what has happened in practice. Part 1 of this post looked at sections 1 to 3. Continue reading
Defamation Act 2013: A summary and overview six years on, Part 1, Sections 1 to 3 – Brett Wilson LLP
The Defamation Act 2013 (‘the Act’) came into force on 1 January 2014. At the time, we published an article considering the individual provisions of the Act, and speculating about how the law of defamation had been changed. In this follow-up article, we revisit the topic six years after the Act’s inception and look at what has happened in practice. This post deals with sections 1 to 3. The remainder of the Act will be considered in Part 2. Continue reading
On 16 October 2019, the judgment in Al Sadik (aka Riad Tawfiq Mahmood Al Sadek Aka Riad Tawfik Sadik) v Sadik ([2019] EWHC 2717 (QB)) was handed down. The case concerned a claim in libel, which had been brought by a businessman and philanthropist against his sister-in-law. Continue reading
The decision of Mr Justice Nicklin in Craig Wright v Roger Ver ([2019] EWHC 2094 (QB)) confirms the high hurdle that a claimant must overcome in a defamation case where section 9 of the Defamation Act 2013 applies. Continue reading
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