Reputation matters - whether you’re an individual, a professional, or a business. In today’s digital world, false statements can spread quickly, damaging your name, your career, or even your livelihood. When that happens, you might wonder whether you can take legal action for defamation, libel, or slander in the UK.

At Fonseca Law Solicitors in Ebbw Vale, our experienced civil litigation team regularly advises clients across South Wales on their rights when faced with damaging or untrue allegations.

Below, we explain exactly what defamation means under current UK law, how libel and slander differ, and what steps you can take if you’ve been the victim of a false and harmful statement.

Understanding defamation in UK law

Under UK law, defamation is the general term for any statement that harms someone’s reputation. It occurs when something false is published or spoken about you that causes others to think less of you or damages your professional standing.

Defamation is split into two distinct types:

• Libel - written or published defamation (including online posts, emails, newspapers, or broadcast media).
• Slander - spoken defamation (such as false verbal accusations made in person or during a speech).

The key element in both cases is reputational harm - the statement must have caused, or be likely to cause, serious harm to your reputation.

Since the introduction of the Defamation Act 2013, the law has become more stringent, especially for claimants. You must now prove that the statement has caused serious harm - and if you’re a business, you must show it has caused or is likely to cause serious financial loss.

What counts as defamation?

Not every insult or negative opinion counts as defamation. UK courts are careful to balance the right to freedom of expression (protected under Article 10 of the Human Rights Act 1998) with the right to protect your reputation.

To make a successful defamation claim, you must show that:

1. A statement was made - either written, spoken, or published.
2. The statement refers to you - even indirectly, as long as an ordinary person could reasonably identify you.
3. The statement was published to a third party - meaning someone else saw or heard it.
4. The statement caused serious harm - to your personal, professional, or business reputation.
5. The statement is not substantially true - truth is a complete defence to defamation.

If all of these elements apply, you may have a valid case to pursue through the civil courts.

Read: How to prepare for a civil litigation case

Libel vs slander - what’s the difference?

While libel and slander are both forms of defamation, the distinction lies mainly in how the statement is communicated.

• Libel involves permanent or semi-permanent publication, such as written words, printed materials, social media posts, emails, websites, or TV broadcasts.
  - Example: a false review online accusing a business of fraud.
• Slander refers to temporary or spoken words, often made in conversations or speeches.
  - Example: a false verbal claim that someone committed a crime, said during a meeting or event.

Libel claims tend to be easier to prove because written evidence exists.
Slander, by contrast, often relies on witnesses or recordings to establish what was said.

What defences can be used against a defamation claim?

It’s important to remember that defamation law protects both sides - the claimant and the person making the statement.

The defendant can rely on several legal defences, including:

• Truth (Justification): If the statement is true, it cannot be defamatory.
• Honest opinion: If the statement was clearly expressed as an opinion (not presented as fact), and based on facts that existed at the time, it may be protected.
• Public interest: If the publication was on a matter of public importance and the publisher reasonably believed it was in the public interest, they may avoid liability.
• Privilege: Some statements are protected by privilege - for example, comments made in Parliament or during legal proceedings.

This balance ensures that while reputations are safeguarded, genuine journalism, free speech, and public debate are not unfairly restricted.

How to prove defamation

Successfully pursuing a defamation claim requires strong evidence.

Courts in Wales and England set a high bar for proving serious reputational harm.

You’ll need to gather:

• Copies of the statement - screenshots, recordings, or published articles.
• Evidence of publication - proof that others saw, read, or heard the statement.
• Proof of identification - that it clearly referred to you.
• Demonstration of harm - such as financial losses, job termination, cancelled contracts, or social and emotional distress.

The limitation period for defamation claims is generally one year from the date of publication, so it’s crucial to seek legal advice promptly if you believe you have a case.

Can you sue for online defamation?

Yes. Online defamation - such as false statements on social media, blogs, or review sites - is now one of the most common causes of defamation cases in the UK.

However, the internet has made these cases more complex. For instance:

• Posts can be shared widely and quickly.
• Identifying the original author can be difficult.
• Platforms like Facebook, X (formerly Twitter), or Google Reviews may not always remove defamatory content immediately.

If you’re facing online defamation, a solicitor can help you:

• Send a formal defamation notice or “cease and desist” letter.
• Request takedowns or corrections from the publisher or platform.
• Pursue civil action if the damage is serious and evidence is strong.

In many cases, early legal intervention can prevent the need for full court proceedings.

Read: Common types of civil litigation cases

Taking legal action for defamation in Wales

If informal resolutions fail, you can take civil action in the High Court for defamation.

The process typically involves:

1. Initial consultation: Discussing your case with a solicitor to assess whether it meets the legal threshold.
2. Pre-action correspondence: Your solicitor will send a letter of claim outlining the defamatory statement and your desired remedy.
3. Negotiation or mediation: Many cases settle out of court through an apology, retraction, or damages payment.
4. Issuing proceedings: If no resolution is reached, formal proceedings can be issued in court.

Because defamation law is highly technical, working with an experienced civil litigation solicitor is essential to building a strong, evidence-based case.

Remedies and compensation for defamation

If your claim succeeds, the court can award various remedies, including:

• Damages - financial compensation for reputational or financial loss.
• Injunctions - to prevent further publication or to force removal of defamatory content.
• Apology or retraction - often part of negotiated settlements.
• Correction statements - clarifying the truth publicly.

The amount of compensation varies depending on the seriousness of the harm, the reach of the publication, and the defendant’s conduct after the event.

The importance of specialist legal advice

Defamation law in the UK is complex, and every case turns on its specific facts. What may seem like a straightforward falsehood can, in legal terms, be a matter of opinion or fall under one of several defences.

At Fonseca Law, our experienced civil litigation solicitors in Ebbw Vale provide clear, practical advice on whether your situation qualifies as defamation, and if so, how best to pursue justice. We’ll help you gather evidence, correspond with the other party, and, where necessary, take strong action through the courts to restore your reputation.

We understand that your reputation is one of your most valuable assets - and we’re here to help you protect it.

Read: Steps to take before filing a civil claim

Whether it’s a false accusation made online, in print, or in conversation, defamatory statements can have devastating effects on your personal and professional life. Knowing your rights under Welsh and UK law is the first step toward protecting your good name.

If you believe you’ve been the victim of libel or slander, our civil litigation solicitors in South Wales can help you understand your legal options and take the right steps to seek justice.