Defamation and Online Harassment Laws in the United Kingdom

Libel and slander are civil wrongs that come from the common law and are now largely shaped by the Defamation Act 2013, which applies in England and Wales only. Under section 1, a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation, and for a body that trades for profit, harm only counts as serious if it has caused or is likely to cause serious financial loss.

Sources1Defamation Act 2013, s. 12Defamation Act 2013, s. 17 (extent: England and Wales)

Defamation is not a crime in England and Wales. Section 73 of the Coroners and Justice Act 2009 abolished the common law offences of defamatory libel, seditious libel and obscene libel in England and Wales and in Northern Ireland, and that section took effect two months after the Act was passed on 12 November 2009.

Sources3Coroners and Justice Act 2009, s. 734Coroners and Justice Act 2009, s. 182(2)(a) (commencement)5Coroners and Justice Act 2009 (introductory text, date of Royal Assent)

An action for libel or slander cannot be brought more than one year after the cause of action accrued, but the court has a discretion to let a late claim go ahead if it would be equitable, looking at factors such as the length of and reasons for the delay. Under the single publication rule, when the same publisher later republishes the same or a substantially similar statement, the time limit still runs from the first publication, unless the later publication is materially different in manner, for example in its prominence or reach.

Sources6Limitation Act 1980, s. 4A7Limitation Act 1980, s. 32A8Defamation Act 2013, s. 8

For slander (spoken defamation), the claimant usually has to prove some actual loss (special damage) unless the case falls into certain categories. One statutory category is words likely to disparage someone in their office, profession, trade or business. Since 1 January 2014, a spoken claim that someone has a contagious or infectious disease, or one covered by the repealed Slander of Women Act 1891, no longer avoids the need to prove special damage.

Sources9Defamation Act 1952, s. 210Defamation Act 2013, s. 1411Defamation Act 2013, Explanatory Notes on s. 14

Since 18 June 2025, courts in England and Wales may strike out a claim early if it is a SLAPP claim as defined in the Economic Crime and Corporate Transparency Act 2023 and the claimant fails to show it is more likely than not to succeed at trial. The definition only covers speech about economic crime, and in a SLAPP claim the defendant can be ordered to pay the claimant's costs only where the defendant's own misconduct justifies it.

Sources12Economic Crime and Corporate Transparency Act 2023, s. 19413Economic Crime and Corporate Transparency Act 2023, s. 19514Civil Procedure (Amendment) Rules 2025 (SI 2025/106), rr. 1, 4 and 915Civil Procedure Rules, Part 3, r. 3.4(2)(d)

A publisher can make a written offer to make amends, which means offering a suitable correction and a sufficient apology, publishing them in a reasonable way, and paying any compensation and costs that are agreed or set by the court. The offer cannot be made after the publisher has served a defence, and if the claimant accepts it, they cannot bring or continue a defamation claim over that publication against that publisher; the court decides compensation if the parties cannot agree.

Sources16Defamation Act 1996, s. 217Defamation Act 1996, s. 3

The main statutory defences are truth (the imputation is substantially true), honest opinion (a statement of opinion that indicates its basis and that an honest person could have held), and publication on a matter of public interest that the defendant reasonably believed was in the public interest. These replaced the common law defences of justification, fair comment and the Reynolds defence. Other defences protect website operators who did not post the statement (subject to conditions) and certain reports protected by privilege.

Sources18Defamation Act 2013, s. 219Defamation Act 2013, s. 320Defamation Act 2013, s. 421Defamation Act 2013, s. 522Defamation Act 2013, s. 7

Stalking is a criminal offence in England and Wales, and the law's examples of stalking behaviour include monitoring someone's use of the internet, email or other electronic communication, contacting them by any means, and publishing material about them. A more serious offence applies where stalking causes someone to fear violence on at least two occasions, or causes serious alarm or distress that substantially affects their daily life, with a maximum of 10 years in prison.

Sources23Protection from Harassment Act 1997, s. 2A24Protection from Harassment Act 1997, s. 4A

Pursuing a course of conduct that amounts to harassment is an offence; a course of conduct means conduct on at least two occasions, and conduct includes speech. Sending a letter or electronic communication that is indecent or grossly offensive, with the purpose of causing distress or anxiety, is a separate offence. Since 31 January 2024, the Online Safety Act 2023 has also made it an offence to send a message threatening death or serious harm, or a message the sender knows is false and intends to cause non-trivial psychological or physical harm.

Sources25Protection from Harassment Act 1997, s. 226Protection from Harassment Act 1997, s. 727Malicious Communications Act 1988, s. 128Online Safety Act 2023, s. 17929Online Safety Act 2023, s. 181

It is an offence to intentionally share a photo or film that shows, or appears to show, someone in an intimate state without their consent, or to threaten to do so. Sharing with intent to cause alarm, distress or humiliation, sharing for sexual gratification, and threatening to share can lead to up to 2 years in prison.

Source30Sexual Offences Act 2003, s. 66B