The legal framework
The Defamation Act 2013 requires a claimant to show that a statement has caused or is likely to cause serious harm to reputation, with a serious financial loss test for companies. It provides defences of truth, honest opinion and publication on a matter of public interest. The Online Safety Act 2023 imposes duties on platforms and created new communications offences.
Key points
| Serious harm | Required for any defamation claim |
|---|---|
| Limitation | One year from publication |
| Defences | Truth, honest opinion, public interest, and website operator defences |
| Malicious falsehood | Alternative where reputation is not the issue |
| Communications offences | False communications and threatening communications offences replaced older provisions in 2023 |
| Intimate images | Sharing without consent, and threatening to share, are criminal offences |
| Harassment | Protection from Harassment Act covers a course of conduct, with civil and criminal routes |
| Serious harm test | A statement is not defamatory unless it has caused or is likely to cause serious harm |
| One-year limitation | Defamation claims must be brought within twelve months |
| Online Safety Act | Created false and threatening communications offences and platform duties |
| Malicious Communications | A separate offence covering grossly offensive messages sent to cause distress |
In practice
- Capture evidence first: full screenshots with URL, date and surrounding context, before anything is deleted.
- Report to the platform and keep the reference number and the outcome.
- Then use the legal route — the order matters, because platforms act faster than courts.
- Do not respond in kind: your own posts become evidence too.
- Send a letter of claim setting out the words complained of and the harm caused.
- Report threatening or false communications to the police as well as to the platform.
Cost and coverage
Defamation litigation is expensive; harassment and intimate image offences are pursued through the police at no cost.
Recent changes
The Online Safety Act's duties are being phased in by Ofcom, including requirements for platforms to act against illegal content and to protect children.
Where to go
- Report Harmful Content, operated by the UK Safer Internet Centre.
- Revenge Porn Helpline, which secures removals internationally.
- Police online reporting for threats and harassment.
Worth knowing
The Revenge Porn Helpline has an extremely high removal rate and works directly with platforms — a far faster route than legal proceedings for intimate image abuse. The one-year limitation period runs from publication, not from when you found out. It is strictly enforced and rarely extended.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised