English Defamation Law - Present Law

Present Law

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 (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.

A is liable for saying anything to C about B which would be apt to make the average citizen think worse of the latter.

A statement can include an implication; for instance, a photograph of a particular politician accompanying a headline reading "Corrupt Politicians" could be held as an allegation that that politician was personally corrupt. Once it is shown that a statement was published, and that it has a defamatory meaning, that statement is presumed to be false unless the defendant is able to raise a defence to his defamatory act.

The 2006 case of Keith-Smith v Williams confirmed that discussions on the Internet were public enough for libel to take place.

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