Constitutional Right to Good Name The Constitution provides that the State will guarantee in its laws to respect and, in as far as practicable by its laws to defend and vindicate, the personal rights of the citizen. The personal rights of the citizen include his right to his good name. The law of defamation is the means through which the […]
Republication A whole chain of people may publish and republish a defamatory remark. This may include a person who makes and repeat the remark, publishers and printers. Traditionally, it may also include wholesalers, shopkeepers and suppliers. The internet and information technology increased exponentially, the possibilities for republication. The common law recognised that certain people who technically publish a defamatory statement, […]
Absolute Privilege It is a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of this section, have been considered under the law in force immediately before such commencement as having been made on an occasion of absolute […]
Defence of Truth I It is a defence to an action for defamation to show that the alleged defamatory statement is substantially true. This defence reflects the principle that a person should not be compensated for damage done by a statement which is, in fact, true and accurate. In effect, the statement is protected as an exercise of freedom of […]
Damages for Defamation The primary remedy in a defamation action is damages. The purpose of damage is to vindicate the plaintiff’s good name and reputation. Damages may be awarded as a single sum or may be broken down into various heads of loss. Punitive or exemplary damages may be awarded where the defamation attracts the court’s strong disapproval. Juries sit […]
Damages & Offer of Explanation Christie v TV3 Television Networks Ltd [2017] IECA 128, Hogan J. The claimant had been awarded €140,000 in damages for defamation in the High Court. This was reduced to €36,000 by the Court of Appeal. “[W]hile this was a serious defamation of the plaintiff, it was not at the level which would merit a starting […]
Defamation Remedies The normal remedy for defamation is damages. In some cases, however, damages may not be an adequate remedy, and an injunction may be granted. An injunction may issue to prohibit an anticipated publication, in very exceptional circumstances. At the termination of a defamation trial, a perpetual injunction may be granted to restrain repetition of the defamatory statement. In […]
Law on Privacy The law on privacy has developed significantly over the last 30 years. At common law, there is no specific tort which protects privacy. A number of torts indirectly protect privacy, such as the those in relation to trespass, defamation, injurious false and nuisance. Although, a breach of privacy in itself, is not actionable as a tort, the […]
Unlawful and Public Domain If conduct is unlawful or immoral, a right of privacy which might otherwise exist, may be denied. It does not follow, however, that people previously convicted of crimes forfeit all privacy. The courts have been reluctant to be judgmental in assessing morality in the context of expectation of privacy. Given that privacy entails a choice, what […]