What evidence do you need for defamation?

False statements can cause serious harm to a person’s reputation, career, or business. If you are considering bringing a defamation claim, it is important to understand the type of evidence that is required to support your case.

In England and Wales, defamation is divided into libel (written or published statements) and slander (spoken statements).

1.  Evidence of the defamatory statement

You will need clear evidence of what was said or written.

Examples of relevant evidence include:

• Screenshots of social media posts
• Emails, letters, or text messages
• Online reviews
• Audio recordings (which must be lawfully obtained)
• Witness statements

2. Evidence that the statement refers to you

You must be able to demonstrate that the statement relates to you, even if you are not explicitly named. A statement may still be defamatory where a reasonable person would understand it to refer to you.

This may include:

• Your full name
• Photographs or videos
• Job title or business name
• Descriptions that clearly identify you

3. Evidence of publication to a third party

For a claim to arise, the statement must have been communicated to another person.

Examples include:

• A public social media post
• An email sent to colleagues or clients
• A review published online
• Spoken allegations made during a meeting

Evidence may include screenshots, copies of messages, website links or witness accounts.

4. Evidence of serious harm

Under the Defamation Act 2013, a statement must have caused or be likely to cause serious harm to your reputation[1]. This is a key legal threshold.

Evidence may include:

• Loss of customers or contracts
• Damage to professional reputation
• Loss of employment opportunities
• Being excluded from business or social circles
• Others repeating or believing the allegation

For companies, serious financial loss will usually need to be demonstrated.

5. Evidence of financial loss

If you have suffered financial loss, documentary evidence may strengthen your case.

 Evidence may include:

• Invoices showing cancelled work
• Reduced sales
• Bank statements
• Lost business enquiries
• Costs spent addressing the issue

6. Evidence to challenge defences

A defendant may rely on defences such as:

• Truth
• Honest Opinion
• Publication on a matter of public interest

Time limit

Defamation claims must be brought within one year of publication.

If you believe false statements have harmed your reputation, Summerfield Browne Solicitors may be able to advise you on the strength of your case, the evidence available and the appropriate next steps.

[1] https://www.legislation.gov.uk/ukpga/2013/26