Three Errors in the Defamation Act 2013

Abstract

This article considers three aspects of a recent English statute on the law of defamation, the Defamation Act 2013, disputing in each case their opportuneness. First, it argues that the new requirement of 'serious harm' under sec 1 runs against basic tenets of the law. Second, it expresses concern about the new drafting of the defence of responsible journalism (sec 4), which is in danger of losing touch with its original rationale. Third, it examines the revamped version of the defence of fair comment, now known as 'honest opinion' (sec 3), and suggests that comment should never be actionable because it cannot be defamatory in the first place.