Under the Defamation Act 2013, what must a claimant prove for a successful defamation claim?

For a successful defamation claim under the Defamation Act 2013, a claimant must demonstrate that the published statement has caused or is likely to cause harm to their reputation. This requirement is a crucial aspect of defamation law, focusing on the actual impact of the statement on the claimant's reputation. The Act introduced a threshold for the harm to reputation, reflecting a balance between protecting individuals from defamatory statements and upholding the principle of free speech.

The emphasis on demonstrating actual or potential harm ensures that not every negative statement could lead to legal action, thus preventing a chilling effect on freedom of expression. This element prevents trivial claims from overwhelming the legal system, requiring that claimants show tangible damage, thereby underscoring the importance of reputation in the context of defamation.

Identifying a statement as being made in good faith, with malicious intent, or having been retracted promptly does not fulfill the necessary condition established by the Act. Instead, these factors may be considered in the context of assessing the overall situation but are not prerequisites for establishing a claim under the current legal framework.