Defamation is a civil (and sometimes criminal) wrong covering false statements of fact that injure a person's or entity's reputation. It is typically divided into libel (written or published, including broadcast) and slander (spoken). To succeed, a claimant generally must show a false factual statement, publication to a third party, identification of the claimant, and resulting reputational harm — though the exact elements vary sharply across jurisdictions.
In the United States, defamation law is shaped by the First Amendment. New York Times Co. v. Sullivan (1964) requires public officials to prove "actual malice" — knowledge of falsity or reckless disregard for the truth — a standard later extended to public figures in Curtis Publishing Co. v. Butts (1967). Opinion, satire, and substantially true statements are generally protected.
In England and Wales, the Defamation Act 2013 raised the bar by requiring claimants to show "serious harm" to reputation and codifying defences of truth, honest opinion, and publication on a matter of public interest. The Act was partly a response to concerns about "libel tourism" — foreign claimants suing in London courts perceived as plaintiff-friendly.
Criminal defamation remains on the books in many states, including parts of Europe, Latin America, and Asia. International bodies such as the UN Human Rights Committee (General Comment No. 34, 2011, on Article 19 ICCPR) and the OSCE Representative on Freedom of the Media have repeatedly urged its decriminalisation, arguing it chills journalism and political speech.
Defamation intersects with other regimes including privacy, data protection, and anti-SLAPP legislation. The EU adopted an anti-SLAPP Directive in 2024 to protect journalists and rights defenders from cross-border abusive defamation suits. Online platforms add further complexity: intermediary liability rules (e.g. the US Section 230 of the Communications Decency Act, or the EU Digital Services Act) determine when hosts, rather than authors, can be sued for defamatory user content.
Example
In 2022, a US jury found Alex Jones liable for defamation over false claims that the 2012 Sandy Hook school shooting was a hoax, awarding the victims' families substantial damages.