Defamation resource
Defamation basics: serious harm, publication and what you actually need to prove
Published 6 May 2026 · Reviewed for England and Wales, May 2026
Defamation is not just about someone saying something unkind or unfair. The law is concerned with published statements that damage reputation in a serious way. That makes early analysis important, because some situations feel defamatory but do not make a realistic legal claim.
About this guidance
This page is about England and Wales only. It is general information only, not legal advice.
Reviewed by Resolutor Legal Support for England and Wales in May 2026.
What defamation is
Defamation covers statements that harm reputation. Libel usually means written or permanent publication, including online posts. Slander usually means spoken words. In modern disputes, most claims involve online publication: reviews, posts, comments, articles, messages in groups, videos or emails circulated to others.
The statement must identify the person or business, either by name or by enough detail that people understand who is being referred to. A vague insult may be upsetting, but it may not identify a claimant clearly enough.
Serious harm
Section 1 of the Defamation Act 2013 says a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the claimant’s reputation. For a body trading for profit, serious harm requires serious financial loss or likely serious financial loss.
This is a real threshold. A rude comment, a minor disagreement or a post seen by only a handful of people may not justify a defamation claim. Evidence of serious harm might include lost work, cancelled bookings, damaged professional relationships, serious allegations spreading widely, or identifiable reputational impact.
Meaning
Meaning is central. The question is not only what the publisher says they meant, or what the claimant felt they meant. The issue is what the ordinary reasonable reader, viewer or listener would understand from the words in context.
Context includes the whole post, surrounding thread, images, emojis, replies, timing, audience and any shared background. A statement that looks harmless in isolation can be more serious in context. The reverse is also true.
Publication
Publication means communication to at least one person other than the claimant. A private insult sent only to the person complained about is usually not defamation, though it might raise other issues. A post in a group chat, public review, email copied to others or social media thread may amount to publication.
Record where the statement appeared, when it was posted, how long it stayed up, who could see it, how many people engaged with it and whether it was shared or repeated.
Defences
Common defences include truth, honest opinion and publication on a matter of public interest. The Defamation Act 2013 sets out statutory defences, including truth and honest opinion. That means a claim can fail even if a statement is damaging, if the defendant can rely on a defence.
Before threatening proceedings, ask uncomfortable questions. Is the core allegation substantially true? Was it clearly opinion based on indicated facts? Was the subject one of public interest? Were you named or identifiable? Has serious harm actually happened?
Evidence
Preserve the publication before it disappears. Take screenshots showing the URL, date, username, surrounding context, comments and shares. Save links, metadata where possible, analytics, business enquiries, cancellation messages and evidence of lost income.
Do not respond in anger. A counter-attack can create a second dispute and make settlement harder. A careful evidence pack is usually more useful than a long emotional rebuttal.
The short version
A defamation claim needs a defamatory meaning, identification, publication and serious harm. For businesses, serious financial loss is key. The evidence should capture what was said, who saw it, what it meant in context and what harm followed.
Nothing in this guide is legal advice for your specific situation.