Defamation Act 1996
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The Defamation Act 1996 (c 31) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
.


Section 4 - Limitation of actions: England and Wales

This section substitutes sections 4A, 28(4A), 32A and 36(1)(aa) of the
Limitation Act 1980 The Limitation Act 1980 (c. 58) is an Act of the Parliament of the United Kingdom applicable only to England and Wales. It is a statute of limitations which provides timescales within which action may be taken (by issuing a claim form) for breache ...
.


Section 5 - Limitation of actions: Northern Ireland

This section substitutes articles 6(2), 48(7) and 51 of the
Limitation (Northern Ireland) Order 1989 Limitation may refer to: * Limitation Act, a list of legislation in Malaysia and the United Kingdom * A statute of limitations * ''Limitations'' (novel), a 2006 novel by Scott Turow * A disclaimer for research done in an experiment or study See ...
(SI 1989/1339) (NI 11).


Section 9 - Meaning of summary relief

Sections 9(2A) to (2D) were inserted by paragraph 255 of Schedule 4 to the
Constitutional Reform Act 2005 The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
. Section 9(4) was inserted by paragraph 52(b) of Schedule 18 to the
Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 __NOTOC__ The Northern Ireland Act 1998 is an Act of Parliament, Act of the Parliament of the United Kingdom which allowed Her Majesty's Government, Westminster to devolve power to Northern Ireland, after decades of Direct rule over Northern Irel ...
(SI 2010/976).


Section 12 - Evidence of convictions

This section inserts section 13(2A) of the
Civil Evidence Act 1968 Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
, section 12(2A) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 and section 9(2A) of the Civil Evidence Act (Northern Ireland) 1971.


Section 13 - Evidence concerning proceedings in Parliament

This section was repealed by paragraph 44 of Schedule 23 to the
Deregulation Act 2015 The Deregulation Act 2015 (c. 20) is an Act of Parliament in the United Kingdom. It is An Act to make provision for the reduction of burdens resulting from legislation for businesses or other organisations or for individuals; make provision for th ...
.


Section 14 - Reports of court proceedings absolutely privileged

See
Absolute privilege in English law Absolute privilege is a complete defence to an action for defamation in English law. If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the repu ...
Section 14(3) was substituted by section 7(1) of the
Defamation Act 2013 The Defamation Act 2013 (c 26) is an Act of the Parliament of the United Kingdom, which reformed English defamation law on issues of the right to freedom of expression and the protection of reputation. It also comprised a response to perception ...
.


Section 17 - Interpretation

Section 17(aa) was inserted by paragraph 33(2) of Schedule 8 to the
Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was on ...
.


Section 19 - Commencement

The following orders have been made under this section:
The Defamation Act 1996 (Commencement No. 1) Order 1999
(S.I. 1999/817 (C. 26))
The Defamation Act 1996 (Commencement No. 2) Order 2000
(S.I. 2000/222 (C. 7))
The Defamation Act 1996 (Commencement No. 3 and Transitional Provision) (Scotland) Order 2001
(S.S.I. 2001/98 (C. 3)
The Defamation Act 1996 (Commencement No. 4) Order 2009
(S.I. 2009/2858 (C. 125))


Section 20 - Short title and saving

Section 20(2) was repealed as to England and Wales by section 178 of, and Part 2 of Schedule 23 to, the
Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *preventing criminals from profiting from publica ...
. Section 20(2) was repealed as to Scotland by paragraph 64 of Schedule 7 to the
Criminal Justice and Licensing (Scotland) Act 2010 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
. These repeals were consequential to the abolition of
criminal libel Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used. It is an alternative name for the common law offence which is also known (in order ...
.Explanatory Notes to the Criminal Justice and Licensing (Scotland) Act 2010
paras 250 to 252


Schedule 1

Paragraphs 9 and 10 were substituted by section 7(4) of the Defamation Act 2013. Paragraph 11(1)(aa) was inserted by article 12(b) of the
Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
(SI 2002/1057). Paragraph 11(1A) was inserted by article 31(b) of the
Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
(SI 2001/2237) and article 30(b) of the
Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
(SI 2002/808) (W 89). The definitions of "executive" and "executive arrangements" in paragraph 11(2) were repealed by article 12(c)(ii) of the Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002. Paragraph 11(2A) was inserted by article 12(d) of the Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002. Paragraph 11A was inserted by section 7(5) of the Defamation Act 2013. New paragraphs 13(2) to (4) were substituted for paragraphs 13(2) to (5) by section 7(7)(b) of the Defamation Act 2013. Paragraph 14A was inserted by section 7(9) of the Defamation Act 2013. Paragraph 15 was substituted by section 7(10) of the Defamation Act 2013. Paragraph 15(1)(a) was substituted by paragraph 53(a)(i) of the
Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 __NOTOC__ The Northern Ireland Act 1998 is an Act of Parliament, Act of the Parliament of the United Kingdom which allowed Her Majesty's Government, Westminster to devolve power to Northern Ireland, after decades of Direct rule over Northern Irel ...
(SI 2010/976). Paragraph 15(1)(c) was inserted by paragraph 53(a)(ii) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. Paragraph 15(3) was inserted by paragraph 53(a)(iv) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. A new paragraph 16 was substituted for paragraphs 16 and 17 by section 7(11) of the Defamation Act 2013. Paragraph 17(2)(a) was substituted by paragraph 53(b)(i) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. Paragraph 17(2)(c) was inserted by paragraph 53(b)(ii) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. Paragraph 17(4) was inserted by paragraph 53(a)(iv) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.


See also

*
Defamation Act Defamation Act (with its variations) is a stock short title used for legislation in Australia, Hong Kong, Malaysia, New Zealand, the Republic of Ireland and the United Kingdom relating to defamation. It supersedes the short title Libel Act. Th ...
*
English defamation law Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as th ...


References

*Claire Sandford and Fiona Boyle. The Defamation Act 1996: The New Law. (Impact Series). Northumbria Law Press. Newcastle. 1997. *"Defamation Act 1996". Halsbury's Statutes of England and Wales. Fourth Edition. 2009 Reissue. LexisNexis
Volume 19(3)
Page 398. See also Preliminary Note at page 352. *Brian Hepworth. "Defamation Act 1996". Current Law Statutes 1996. Sweet & Maxwell. London. W Green. Edinburgh. 1997. Volume 2

Chapter 31. *"Defamation Act 1996" (1997) 15 International Media Law
WorldCat
*Bayfield, "Defamation Act 1996" (1996
140
Solicitors Journal 866 (13 September 1996) *Braithwaite, "The United Kingdom Defamation Act 1996" (1997) 15 Communications Lawyer 1
HeinOnlineGoogle Books
*Williams, "Only Flattery Is Safe: Political Speech and the Defamation Act 1996" (1997) 60 Modern Law Review 38
JSTOR
*Sharland and Loveland, "The Defamation Act 1996 and Political Libels"
997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
Public Law 113


External links


The Defamation Act 1996
as amended from the National Archives.
The Defamation Act 1996
as originally enacted from the National Archives. {{UK legislation United Kingdom Acts of Parliament 1996 United Kingdom defamation law English defamation law