What is Defamation?

A defamatory statement is a statement that reasonable members of society would think damages your reputation. A statement is not defamatory if it is true or substantially true. Since the Defamation Act 2009, ‘defamation’ has replaced both ‘slander’ and ‘libel’.

Elements of Defamation

To establish a defamation claim, the following elements must be proven:

1. Publication: The defamatory statement must be communicated to at least one person other than the subject of the statement.
2. Identification: The statement must clearly refer to the plaintiff, either directly or indirectly.
3. Defamatory Content: The statement must be false and must also be something that a reasonable person would think injures your reputation.

The person or organisation that made the statement can defend their actions as described below.

Legal Framework

In Ireland, defamation is primarily governed by the Defamation Act 2009, which provides the legal basis for defamation claims and outlines the procedures and defences available.

Defences to Defamation

Several defences can be raised in a defamation case:

1. Truth: If the statement is true, it is a complete defence.
2. Absolute Privilege: Certain statements made in specific contexts, such as parliamentary proceedings or judicial hearings, are protected.
3. Qualified Privilege: Statements made in certain contexts (e.g., between employers and employees) may be protected if made without malice.
4. Honest Opinion: A defence if the statement is a genuine expression of opinion rather than a statement of fact.
5. Consent: If the plaintiff consented to the publication of the statement, this can be a defence.

Remedies for Defamation

If a defamation claim is successful, the court can award various remedies:

1. Damages: Financial compensation for harm to reputation, including general damages, special damages for specific financial loss, and aggravated damages if the defendant’s conduct was particularly egregious.
2. Declaratory Order: A court declaration that the statement was defamatory.
3. Correction Order: An order requiring the defendant to publish a correction.
4. Prohibitory Injunction: An order preventing further publication of the defamatory statement.

Limitation Period: The time limitation period within which one must make a defamation claim is one year from the date of the accrual of the cause of action, i.e., the date when the statement is first published. Where the statement has been published online, the date of accrual is the date on which it is first accessible. This can be extended to two years in exceptional circumstances by way of making an application to the Court.

If you have a query in relation to Defamation, contact our team on 01 644 9900 or mail@danielspring.ie 

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.