Defamation

• What statute is defamation governed by?

  Defamation Act 2009
• Before 2009, what act governed defamation?

  Defamation Act 1961
• What did the 2009 Act repeal the torts of in the 1961 Act?

  The torts of libel and slander, replacing it with a single tort of defamation
• What is the role of the jury during defamation trials?

  They decide if a statement is defamatory and assess amount of damages
• What are the 4 elements of the tort of defamation? s6(2)

  1. Publication to a 3rd party
  2. Defamatory Statement
  3. Identification of a person
  4. Absence of a defence
• Name of the Irish Times dealing with the method of publication?

  Berry v Irish Times [1973]
• What happened in Berry v Irish Times [1973]?

  The P was a senior civil servant in Dep of Justice and the Irish Times republished picture of placard stating that he helped jail republicans in England
• Name of the momentary defamation case in Ireland?

  Diop v Transdev Dublin Light Rail [2019]
• What happened in Diop v Transdev Dublin [2019]?


  Security guard asked P to leave Luas even though he had ticket, and this was held a momentary defamation as it implied that he was guilty of using tram without ticket
• Name of the case where a TV broadcast had an editing error labelling someone as another guilty party?

  Christie v TV3 [2015]
• What does s6(4) of the 2009 Act state about accidental publication?


  Accidental publication will occur if it was reasonably foreseeable that the defamatory statement would be communicated to a 3rd party
• Name of the accidental publication case?

  Paul v Holt [1935]
• What was the decision in Paul v Holt [1935]?

  The D know the P also lived in the address and acted negligently as publication to 3rd party was foreseeable (liable in defamation)
• What must be proved in internet publication cases for a claim of defamation?

  Must prove 'hits' - publication occurs each time a site is accessed by a 3rd party
• Name of the internet publication case with P's defamation action for images published in English paper online?

  Coleman v MGN [2012]
• What was the decision in Coleman v MGN [2012]?

  There was no evidence that the material had been accessed by anyone in Ireland (no publication in Irish jurisdiction)
• How can an intermediary be held liable in defamation for internet publication?

  An intermediary can be held liable in defamation if they know of a specific instance and they leave it on the site
• Name of the internet publication case against Internet Service Provider?

  Godfrey v Demon Internet [2001]
• Name of the Google intermediary case in internet publication?

  Tamiz v Google [2012]
• What happened in Tamiz v Google [2012]?

  D asked blogger to take down comments from blog, but did so after 5 weeks rendering them a secondary publisher
• What is the rule in defamation contrary to the multiple publication rule in 1961 Act and where is it found?

  s11 - single publication rule - there is only one cause of action in respect of multiplication publication
• Which decision confirmed the s11 single publication rule?

  Philpott v Irish Examiner [2016]
• What is a defamatory statement according to s2 of the 2009 Act?

  Defamatory statement means a statement that tends to injure a person's reputation in the eyes of reasonable members of society
• What does s6(5) of the 2009 Act provide for defamation?

  Tort of defamation is actionable without proof of special damage
• Name of the gay bachelor case?

  Reynolds v Molocco [1999]
• What happened in Reynolds v Molocco?


  The D argued that they meant the other use of gay and the injunction for publication was granted
• What did Kelly J state in Reynolds v Molocco state about the word gay?

  One would have to be a resident on the moon not to be aware that gay means homosexual
• Name of the case where an actor was described as hideously ugly?

  Burkhoff v Times Newspapers
• What did the UKHL state about the law of defamation and reputation in Berkoff [1996]?

  The law of defamation protects reputation and reputation is not generally dependent on physical appearance
• Name of the Irish vulgarity case?

  Hickey v Sunday Newspapers [2011]
• What was the ruling in Hickey v Sunday Newspapers [2011]?

  The comment was just vulgar abuse expressed in strong and offensive terms and not amounting to defamation
• How does a statement become defamatory through innuendo?

  Statement is defamatory because of some relevant facts to third parties or by implication
• Why was the article in Reynolds v Molocco defamatory by innuendo?

  The P proved that the article through innuendo was alleging that he was permitting the sale of drugs in his clubs and that he is homosexual
• Who is the onus on in innuendo in defamation?

  Onus on the P to set out the innuendo and prove the relevant facts to understand innuendo
• What does section 6(3) state about identification?


  A defamatory statement concerns a person if it could be reasonably be understood as referring to him or her
• Name of the fatheads case?

  Bradley v Independent Star Ltd [2006]
• What was the decision in Bradley v Independent Star [2006]?

  The article which referred to 2 men as the fatheads DID NOT sufficiently identify the men
• What are the 9 defences in tort law?

  1. Truth (s16)
  2. Absolute Privilege (s17)
  3. Qualified Privilege (s18 & 19)
  4. Honest Opinion (s20 & 21)
  5. Offer to Amends (s22 & 23)
  6. Apology (s24)
  7. Consent (s25)
  8. Fair and reasonable publication on a matter of public interest (s26)
  9. Innocent publication (s27)