Online Defamation and the Single Publication Rule: What You Need to Know

In today’s fast-paced digital world, information spreads rapidly and social media use is widespread and generally unchecked. While this brings many benefits, it also creates fertile ground for legal disputes like defamation.

The Defamation Act 2013 replaced the Defamation Act 1952 seeking to modernise the law, making it more efficient and cost effective. This article focuses on one aspect of the Act’s key provisions.

What Is Defamation?

Put simply defamation is when someone says or writes something false about another person that harms their reputation (damage). It can be a harmful lie or misstatement that makes others think badly of the person, either through spoken words (slander) or written words (libel).

To bring a defamation claim, you must prove:

1. The words are defamatory: The actual words must be clear and refer to you. The statement must lower your reputation in the eyes of “right-thinking people”. It must also cause significant harm to how others view or treat you;
2. Publication to a third party: The defamatory material must have been shared, and the defendant must be responsible for its circulation.

Additionally, under Section 1(1) of the Defamation Act 2013, the publication must cause or be likely to cause “serious harm^[1]” to your reputation.

One Key Consideration

When dealing with a defamation claim, it is important to consider the Single Publication Rule and its time limitations. Before the Defamation Act 2013 was introduced, the legal framework operated under the “multiple publication rule”, which treated each instance of publishing defamatory material as a separate cause of action, each with its own limitation period.

Under the original multiple rule regarding, in particular online content, the limitation period starting point was at the location where the material was accessed or downloaded, and the original time of publication was not. Consequently, every time a piece of material was accessed or downloaded online, it gave rise to a new act of publication and a separate cause of action, each with its own limitation period. This led to a flood of claims for a single defamatory material. To solve this, the Single Publication Rule was introduced.

Under the Single Publication Rule, only the initial publication counts, provided subsequent publications are substantially the same.

Limitations of the Single Publication Rule

If the content of the material is republished in a manner that is materially different from the original publication, or if a new publisher republished the original publication, this might constitute a new publication and a new limitation period might apply.

For example, in the recent case of Boyo v Lloyds Bank [2019] EWHC 2279 (QB), the High Court allowed an extension of the one-year limitation period for bringing a defamation claim where the claimant was unaware of a credit report having been sent by her bank to credit reference agencies.

There is discretion under section 32A of the Limitation Act for the court to disapply the limitation period in certain circumstances.

Strict Approach

The case of Deman v Associated Newspapers Ltd [2016] EWHC 2819 (QB) highlights the Single Publication Rule in action. An article published online in 2009 led to proceedings in 2015. The court applied the one-year limitation period starting from the first publication date after the 2013 Act commenced. The claim was struck out for being time-barred, reaffirming that timely action is essential for online defamation claims.

Conclusion

The introduction of the Single Publication Rule strikes a balance between protecting reputations and safeguarding free speech, encouraging claimants to act promptly.

The current legislation also limits the timeframe for bringing the case, potentially reducing the opportunity for claimants to take legal action and increasing the burden of gathering fresh evidence.

It is essential that if you believe you have been defamed, to act quickly, gather evidence, and consult a legal professional to explore your options.

[1] https://www.legislation.gov.uk/ukpga/2013/26/section/1

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.