DEFAMATION ON THE WEB – AN IRISH PERSPECTIVE, IN BRIEF

Is defamation on the Web special?

No; except in the sense that there is no statutory provision applicable to publications on the Web similar to, for example, Section 24 of the Defamation Act 1961 conferring a qualified privilege on newspapers and broadcasting media disseminating fair and accurate reports of the matters set out in the 2nd Schedule to the Act.

Where does the Irish law of defamation come from?

Irish law of defamation comes from the common law, from the Constitution of Ireland and from the Defamation Act 1961.

What is Defamation?

Defamation may be a slander or a libel. Generally speaking, libel is the making of statements in permanent form that disparage the plaintiff or tend to bring him into ridicule or contempt. Slander is the making of statements in transitory form that disparage the plaintiff or tend to bring him into ridicule or contempt.

Are defamatory statements ever defensible?

Yes, sometimes. Mere abuse, for instance, is not actionable. The immediately useful defence is justification; proving that what has been said is true. True or not, statements made under privilege, absolute or qualified, can be defended. (more…)

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