Introduction
Richard Taylor’s portrayal in – The Lost King – led him to believe he was being portrayed as a misogynist and sexist, which raises the question of the duty and responsibility that filmmakers and institutions have when representing real people in film.
What Is Defamation?
But first of all, what actually is defamation? Throughout this article we will be looking at defamation in the tortious sense. Simply put, ‘defamation is the action of publications or public statements which cause or are likely to cause serious harm’. The harm has to be ‘serious’ to the reputation of the claimant, and can’t simply be just an offensive representation.
To establish a claim in defamation you can assess it against a four-part test, which is as follows:
- Is the statement defamatory?
- Does the statement refer to the claimant?
- Has the statement been published or communicated to a third party?
- Are there any applicable defences?
Something defamatory should be assessed against what a reasonable person, reader, viewer or listener would determine as being defamatory. Furthermore, it will also be assessed by the courts in the realm of the scale of the publication and the potential viewership of said publication.
How Does This Relate to Defamation in The Lost King?
The movie is based on the true story of the excavation of Richard III’s grave and all the characters are based on the people involved in the actual excavation. The film was written and produced by comedian Steve Coogan, based on the words of Philippa Langley, who was the historian and writer responsible for discovering the grave of King Richard III.
The case was brought forward by Richard Taylor, who was the Deputy Registrar of the University of Leicester. Mr Taylor’s claim was that he was defamed in the film by being represented as being “dismissive, patronising and misogynistic”. Furthermore, his lawyer claimed that “at no point was he represented as positive or even neutral”.
The Defence Argument
The defence argued, however, that the film had stated that it was “based on a true story”, which was aided with the representation of Philippa Langley’s account, and that “it is not a literal portrayal of the characters or events”. They took the argument further by saying that the aim was not to represent Mr Taylor as sexist, but rather that Mr Taylor had concern over the amateur status of Ms Langley, as well as her historical expertise, as she did not hold any formal degree.
With the case meaning to head to trial, Ms Langley, who was the star witness, was unable to attend court due to ill health. Earlier this week (Monday 27th October 2025) it was announced the parties have agreed to a settlement, with no edits being made to the film itself, but a card being added at the front of the film, reading:
“Whilst in this film there is a character called Richard Taylor who is shown to be an employee of the University of Leicester, the portrayal of him is fictional and does not represent the actions of the real Mr Taylor who was employed by the University of Leicester as its Deputy Registrar, and acted with integrity during the events portrayed.”
Why This Case Matters for UK Defamation Law
Well, it reinforces the risk of defamation when representing a dramatised version of a “true story”. Defamation can still occur even when there is clarification that it is “based” off of real people. Furthermore, there is the critical argument of freedom of speech versus defamation.
Whilst the filmmakers could have argued that it was their honest opinion they were expressing within the film, the court nonetheless recognised that the facts were misrepresented in Mr Taylor’s conduct in a defamatory way. It promotes the idea of the courts finding a balanced line between the representation of fact and opinion within media portrayal.
Balancing Creativity and Legal Responsibility
‘The Lost King’ serves as a powerful case in the tort of defamation as it represents the importance of balancing creativity and artistic license with factual representation. The law of defamation provides a safeguarding measure to individuals in protecting their reputation from being falsely portrayed.
It further highlights the ethical responsibility storytellers have to represent people accurately for the sake of their reputation. Misrepresentation of facts or simply false representation can have a heavy impact on a person’s livelihood, in the realms of employment, public image and overall wellbeing.
The law seeks to provide some sort of remedy to those who felt their reputation was damaged or at risk of being damaged by the defamation.
