Number of defamation cases takes a tumble
Defamation Act is driving force behind drop: libel tourism limited and 'serious harm' threshold makes claimants think twice
The number of reported defamation cases in the UK has fallen by nearly a third over the last year, from 86 to 63.
The drop, which covered the period from 30 June 2014 to 30 June 2015, is the lowest number recorded since 2008/09, according to research by Thomson Reuters.
The statistics also showed the number of defamation cases linked to social media increased from 8 in 2013/14 to 11 in 2014/15 - an increase of 38 per cent.
The number of cases brought by businesses, though, fell by 45 per cent, from 31 in 2013/14 to 17 in 2014/15.
The new Defamation Act, which came into force in January 2014, is the likely cause for the overall decline, says Thomson Reuters, due to the new requirement introduced for claimants to show actual or probable 'serious harm' to their reputation as a consequence of alleged defamation.
For companies and other profit making entities, evidence of actual or likely 'serious financial loss' must be given. The Act also aimed to limit 'libel tourism': claimants outside of the UK are now required to show the court that the jurisdiction is the most appropriate place to bring the action.
Harry Kinmoth, a senior associate in the media team at RPC, believes the new Act provides stronger protection to those accused of making defamatory statements.
'The "serious harm" threshold is making claimants, and particularly companies, think hard about whether they will really be able to demonstrate the necessary harm to their reputations.'
He continued: 'Fewer trivial defamation cases are now making it to court as a result, and claimants are looking to bring alternative causes of action.'
Kinmoth wasn't surprised by the increase in social media cases, however: 'Someone is far more likely to find themselves the subject of online postings than of stories in the more traditional media, and there is the perception that such postings risk being shared widely and at speed.'
He added: 'As a result, claimants view the potential for damage to be high. It remains the case that the majority of these claims are being brought against the individuals posting the material rather than the platforms hosting it.'
Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk