Fundamental and Human Rights The Irish Constitution, European Convention on Human Rights (“ECHR”) and the EU Charter of Fundamental Rights (“EUCFR”) each provide that freedom of expression is a fundamental human right. The freedom to express opinions, comment and communicate are presumed necessary and desirable features of a democratic society. This echoes the particularly strong freedom of speech provision in […]
Unsolicited Communications to (Persons) I A person may not use or cause to be used any publicly available electronic communications service to send to a subscriber or user who is a natural person an unsolicited communication for the purpose of direct marketing by means of an automated calling machine, a facsimile machine, or electronic mail, unless the person has been […]
Electronic Communications Networks and Services The E-Privacy Regulations apply to the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the State and where relevant the European Union, including public communications networks supporting data collection and identification devices. In the context of the rules, a “data controller” means a […]
Third Party Discovery and Providers In ordinary civil proceedings, pre-trial discovery is usually ordered or agreed in respect of all documents possessed or under the control of each party to the litigation. At the trial, a party to litigation must answer questions in relation to matters in issue, put to them. There are very limited cases, where legal professional privilege […]
Surveillance and interception of data. The digital recording of images greatly enhances the possibility for surveillance. CCTV cameras have become common in many public locations. Mobile phone technology allows effective capture and transmission of live images and footage from Smartphones which can be immediately uplifted to the Internet. Surveillance and tracking offers possibility of enhanced efficiency in policing. Surveillance of […]
Privacy and Data Protection The Data Protection Act and the EU wide General Data Protection Regulation are designed to protect privacy. They severely restrict the acquisition, holding and use of information relating to identifiable individuals. Any information that is capable of identifying or being associated with a living person is protected. The legislation does not apply to purely personal or […]
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, […]
Qualified Privilege Where qualified privilege applies, a statement which is honestly made in good faith enjoys a defence to an action for defamation. The protection is lost if the statement is made in bad faith or maliciously. In broad terms, this refers to a misuse of the privilege. Qualified privilege may apply in many diverse circumstances. The common thread is […]
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 […]
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 […]