In the common law of libel, the claimant has the burden only of proving that the statement was made by the defendant, and that it was defamatory.
The Defamation Act 2013 substantially reformed English defamation law in recognition of these concerns, by strengthening the criteria (including geographical relevance criteria) for a successful claim, mandating evidence of actual or probable harm, curtailing sharply the scope for claims of continuing defamation (in which republication or continued visibility comprises ongoing renewed defamation), and enhancing the scope of existing defences for website operators, public interest, and privileged publications, including peer reviewed scientific journals.[5] The 2013 law applies to causes of action occurring after its commencement on 1 January 2014;[6] old libel law will therefore still apply in many 2014–2015 defamation cases where the events complained of took place before commencement. Northern Ireland is not subject to the Defamation Act 2013 and has not passed a similar reform. This has already caused controversy regarding the publishing of the book and broadcasting of the documentary Going Clear.[7]