What is Section 9 of the Defamation Act 2013?
Asked by: Rodrick Block | Last update: June 23, 2026Score: 4.6/5 (21 votes)
Section 9 of the Defamation Act 2013 restricts English courts from hearing libel claims against defendants who are not domiciled in the UK, an EU Member State, or a Lugano Convention state (e.g., Norway, Switzerland). It requires claimants to prove that England and Wales is clearly the most appropriate jurisdiction to try the case, tackling "libel tourism".
What is Section 9 of the Defamation Act?
(1) A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was an excluded corporation at the time of the publication.
What are the three elements to prove defamation?
To prove defamation (libel or slander), a plaintiff must generally establish three key elements: a false statement of fact, publication to a third party, and resulting harm to their reputation. These statements must be provably false rather than just negative opinions.
What are the three errors in the Defamation Act 2013?
They concern: (i) the new requirement of 'serious harm' (which runs against basic tenets of the law of defamation); (ii) the updated version of the defence of responsible journalism (which is in danger of losing touch with its rationale); and (iii) the revamped defence of 'honest opinion' (which cosmetically alters the ...
What are the 4 things to prove defamation?
To prove defamation (libel or slander), a plaintiff must establish four key elements: (1) a false statement presented as fact, (2) publication or communication of that statement to a third party, (3) fault amounting to at least negligence on the part of the publisher, and (4) damage or harm to the subject's reputation.
DEFAMATION AND PRIVACY - CH 9 - Tort Law
Is it worth suing for defamation?
Suing for defamation is generally worth it only if you have proof of significant, measurable financial loss (e.g., lost job, lost clients). It is a high-stakes, expensive, and slow process—often taking years—and can sometimes bring more publicity to the false claims.
What evidence do you need for defamation?
Evidence may include screenshots, copies of messages, website links or witness accounts. Under the Defamation Act 2013, a statement must have caused or be likely to cause serious harm to your reputation[1]. This is a key legal threshold.
Who cannot be sued for defamation?
Individuals generally immune from defamation lawsuits include those protected by absolute privilege, such as legislators during sessions, witnesses in judicial proceedings, and government officials performing duties. Other protected categories include people stating true facts or pure opinions, and spouses communicating with each other.
What is the 1 year rule for defamation?
A claimant must bring a claim for defamation within one year from the date on which the cause of action accrues, namely the date on which the defamatory statement is first published (section 4A of the Limitation Act 1980 (LA 1980), as inserted by section 5 of the Defamation Act 1996).
Who holds the burden of proof in a defamation case?
To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff that was communicated to a third party. Thus, a false and objectionable statement sent in an email to the plaintiff's co-worker may be libelous.
What are the two defenses to defamation?
Truth is widely accepted as a complete defense to all defamation claims. An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.
How do you deal with someone who is defaming you?
If someone is defaming you, immediately document all evidence (screenshots, URLs, recordings) and refrain from engaging directly with the person, as this can escalate the issue. Report the content to social media platforms, send a formal cease and desist letter via an attorney, and, if necessary, file a lawsuit for damages.
Can it be considered defamation if it's true?
No, it is generally not defamation if the statement is true. Truth is an absolute defense to a defamation claim, meaning that even if a statement causes embarrassment or financial harm, it is not legally actionable if it is factually accurate.
How to win a defamation case?
Winning a defamation case requires proving that a defendant published a false statement of fact to a third party, which caused measurable damage to your reputation. You must show the statement was not an opinion and was made with at least negligence (for private individuals) or "actual malice" (for public figures).
How long do defamation cases usually take?
At minimum, expect a defamation case to take several months; more complex or contested cases can stretch to several years. Beyond the timeline, you'll need to know what you must prove, how damages work, and what a realistic settlement looks like.
What are the most common forms of defamation?
Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.
How much money does it take to sue someone for defamation?
Suing for defamation is often costly. Legal fees typically range from tens of thousands of dollars for straightforward cases to well over $100,000 for complex trials. The exact cost depends on case complexity, evidence and how far the case proceeds. Simple cases may cost tens of thousands of dollars.
How much money can you get for winning a defamation case?
Currently, at the time of reading this article, the maximum amount which can be awarded for general reputational harm under the Defamation Act 2005 (Vic) is $500,000.00 from 1 July 2025.