Other Remedies
Defamation Act 2009
Offer to make amends.
Effect of offer to make amends.
Apology.
Remedies
Declaratory order.
28.— (1) A person who claims to be the subject of a statement that he or she alleges is defamatory may apply to the Circuit Court for an order (in this Act referred to as a “ declaratory order ”) that the statement is false and defamatory of him or her.
(2) Upon an application under this section, the court shall make a declaratory order if it is satisfied that—
(a) the statement is defamatory of the applicant and the respondent has no defence to the application,
(b) the applicant requested the respondent to make and publish an apology, correction or retraction in relation to that statement, and
(c) the respondent failed or refused to accede to that request or, where he or she acceded to that request, failed or refused to give the apology, correction or retraction the same or similar prominence as was given by the respondent to the statement concerned.
(3) For the avoidance of doubt, an applicant for a declaratory order shall not be required to prove that the statement to which the application concerned relates is false.
(4) Where an application is made under this section, the applicant shall not be entitled to bring any other proceedings in respect of any cause of action arising out of the statement to which the application relates.
(5) An application under this section shall be brought by motion on notice to the respondent grounded on affidavit.
(6) Where a court makes a declaratory order, it may, in addition, make an order under section 30 or 33 , upon an application by the applicant in that behalf.
(7) The court may, for the purposes of making a determination in relation to an application under this section in an expeditious manner, give directions in relation to the delivery of pleadings and the time and manner of trial of any issues raised in the course of such an application.
(8) No order in relation to damages shall be made upon an application under this section.
(9) An application under this section shall be made to the Circuit Court sitting in the circuit where—
(a) the statement to which the application relates was published, or
(b) the defendant or one of the defendants, as the case may be, resides.
Lodgment of money in settlement of action.
29.— (1) In an action for damages for defamation the defendant may, upon giving notice in writing to the plaintiff, pay a sum of money into court in satisfaction of the action when filing his or her defence to the action.
(2) A payment to which this section applies shall be deemed to be a payment under such rule of court for the time being in force as provides for the payment into court of a sum of money in satisfaction of an action for damages for defamation.
(3) Where a payment to which this section applies is made, the plaintiff in the action concerned may accept the payment—
(a) in accordance with the rule referred to in subsection (2), or
(b) inform the court in which the action was brought, on notice to the defendant, of his or her acceptance of the payment in full settlement of the action.
(4) The defendant shall not be required to admit liability in an action for damages for defamation when making a payment to which this section applies.
Correction order.
30.— (1) Where, in a defamation action, there is a finding that the statement in respect of which the action was brought was defamatory and the defendant has no defence to the action, the court may, upon the application of the plaintiff, make an order (in this Act referred to as a “ correction order ”) directing the defendant to publish a correction of the defamatory statement.
(2) Without prejudice to the generality of subsection (1), a correction order shall—
(a) specify—
(i) the date and time upon which, or
(ii) the period not later than the expiration of which,
the correction order shall be published, and
(b) specify the form, content, extent and manner of publication of the correction,
and shall, unless the plaintiff otherwise requests, require the correction to be published in such manner as will ensure that it is communicated to all or substantially all of those persons to whom the defamatory statement was published.
(3) Where a plaintiff intends to make an application under this section, he or she shall so inform—
(a) the defendant by notice in writing, not later than 7 days before the trial of the action, and
(b) the court at the trial of the action.
(4) An application under this section may be made at such time during the trial of a defamation action as the court or, where the action is tried in the High Court sitting with a jury, the trial judge directs.
Order prohibiting the publication of a defamatory statement.
33.— (1) The High Court, or where a defamation action has been brought, the court in which it was brought, may, upon the application of the plaintiff, make an order prohibiting the publication or further publication of the statement in respect of which the application was made if in its opinion—
(a) the statement is defamatory, and
(b) the defendant has no defence to the action that is reasonably likely to succeed.
(2) Where an order is made under this section it shall not operate to prohibit the reporting of the making of that order provided that such reporting does not include the publication of the statement to which the order relates.
(3) In this section “ order ” means—
(a) an interim order,
(b) an interlocutory order, or
(c) a permanent order.
Summary disposal of action.
34.— (1) The court in a defamation action may, upon the application of the plaintiff, grant summary relief to the plaintiff if it is satisfied that—
(a) the statement in respect of which the action was brought is defamatory, and
(b) the defendant has no defence to the action that is reasonably likely to succeed.
(2) The court in a defamation action may, upon the application of the defendant, dismiss the action if it is satisfied that the statement in respect of which the action was brought is not reasonably capable of being found to have a defamatory meaning.
(3) An application under this section shall be brought by motion on notice to the other party to the action and shall be grounded on an affidavit.
(4) An application under this section shall not be heard or determined in the presence of a jury.
Limitation of actions.
38.— (1) Section 11 of the Act of 1957 is amended—
(a) in subsection (2), by the substitution of the following paragraph for paragraph (c):
“(c) A defamation action within the meaning of the Defamation Act 2009 shall not be brought after the expiration of—
(i) one year, or
(ii) such longer period as the court may direct not exceeding 2 years,
from the date on which the cause of action accrued.”,
and
(b) the insertion of the following subsections:
“(3A) The court shall not give a direction under subsection (2)(c)(ii) (inserted by section 38 (1) (a) of the Defamation Act 2009) unless it is satisfied that—
(a) the interests of justice require the giving of the direction,
(b) the prejudice that the plaintiff would suffer if the direction were not given would significantly outweigh the prejudice that the defendant would suffer if the direction were given,
and the court shall, in deciding whether to give such a direction, have regard to the reason for the failure to bring the action within the period specified in subparagraph (i) of the said subsection (2)(c) and the extent to which any evidence relevant to the matter is by virtue of the delay no longer capable of being adduced.
(3B) For the purposes of bringing a defamation action within the meaning of the Defamation Act 2009, the date of accrual of the cause of action shall be the date upon which the defamatory statement is first published and, where the statement is published through the medium of the internet, the date on which it is first capable of being viewed or listened to through that medium.”.
(2) Section 49 of the Act of 1957 is amended by the substitution of the following subsection for subsection (3):
“(3) In the case of defamation actions within the meaning of the Defamation Act 2009, subsection (1) of this section shall have effect as if for the words ‘six years’ there were substituted the words ‘one year or such longer period as the court may direct not exceeding two years’.”.
Survival of cause of action on death.
39.— (1) Section 6 of the Civil Liability Act 1961 is amended by the insertion of the following definitions:
“ ‘ Act of 2009 ’ means the Defamation Act 2009;
‘ aggravated damages ’ has the same meaning as it has in the Act of 2009;
‘ punitive damages ’ has the same meaning as it has in the Act of 2009.”.
(2) Section 7 of the Civil Liability Act 1961 is amended by—
(a) the insertion of the following subsection:
“(1A) On the death of a person on or after the commencement of section 39 (2) (a) of the Act of 2009, a cause of action for defamation vested in him immediately before his death shall survive for the benefit of his estate.”,
and
(b) the insertion of the following subsection:
“(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include general damages, punitive damages or aggravated damages.”.
(3) Section 8 of the Civil Liability Act 1961 is amended by—
(a) the insertion of the following subsection:
“(1A) On the death of a person on or after the commencement of section 39 (3) (a) of the Act of 2009 a cause of action subsisting against him shall survive against his estate.”,
(b) by the insertion of the following subsection:
“(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives against the estate of a deceased person, the damages recoverable against the estate of that person shall not include general damages, punitive damages or aggravated damages.”.
Agreements for indemnity.
40.— An agreement to indemnify any person against civil liability for defamation in respect of the publication of any statement shall be lawful unless at the time of the publication that person knows that the statement is defamatory, and does not reasonably believe that there is a defence to any action brought upon it that would succeed.
Jurisdiction of courts.
41.— The Third Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by—
(a) the insertion, in column (2) at reference number 6, of “a defamation action within the meaning of the Defamation Act 2009,” between “other than” and “an action”, and
(b) the insertion of the following:
“
7A
A defamation action under the Defamation Act 2009.
Where the amount of the claim does not exceed €50,000.
At the election of the plaintiff—
(a) the judge of the circuit where the tort is alleged to have been committed, or
(b) the judge of the circuit where the defendant or one of the defendants resides or carries on business.
”.
Malicious falsehood.
42.— (1) In an action for slander of title, slander of goods or other malicious falsehood, the plaintiff shall be required to prove that the statement upon which the action is founded—
(a) was untrue,
(b) was published maliciously, and
(c) referred to the plaintiff, his or her property or his or her office, profession, calling, trade or business.
(2) In an action for slander of title, slander of goods or other malicious falsehood, the plaintiff shall be required to prove—
(a) special damage, or
(b) that the publication of the statement was calculated to cause and was likely to cause financial loss to the plaintiff in respect of his or her property or his or her office, profession, calling, trade or business.
Evidence of acquittal or conviction.
43.— (1) Where a person has been acquitted of an offence in the State, the fact of his or her acquittal, and any findings of fact made during the course of proceedings for the offence concerned, shall be admissible in evidence in a defamation action.
(2) Where a person has been convicted of an offence in the State, the fact of his or her conviction, and any findings of fact made during the course of proceedings for the offence concerned, shall be admissible in evidence in a defamation action.