Defences & Limitations in Defamation

Created by

Diarmuid O'Connell

Cards (55)

What are the 9 defences in defamation under the 2009 Act?
Truth (s16)
Absolute Privilege (s17)
Qualified Privilege (s18 & 19)
Honest Opinion (s20 & 21)
Offer to Amends (s22 & 23)
Apology (s24)
Consent (s25)
Fair and reasonable publication on a matter of public interest (s26)
Innocent publication (s27)
In the defence of truth, what aspects of the statement need to be true?
Only aspects of the statement that are defamatory need to be true
Name of the train case for riding train without ticket?
Alexander v North Eastern Railway
What did the jury rule in Alexander v North Eastern Railway?
The error in the P's sentencing was not sufficiently material to distort the essential truth of the statement
What does s16(2) of the 2009 Act state about the defence of truth?
If a statement contains 2 or more allegations, defence will not fail if all allegations are not proven to be true
Name of the former Liverpool goalkeeper case?
Grobbelaar v News Group Newspaper [2002]
What happened when the D in Grobbelaar pleaded defence of justification (truth)?
Though it was proved that the allegation of taking a bribe was proved, the more damaging allegation that he engaged in match-fixing could not be proved and the defence failed
What does the defence of absolute privilege mean?
Statements made in certain places or by certain people enjoy absolute protection from defamation
Name of the absolute privilege case where the judge delivered scathing remarks on a law firm?
Macauley v Wyse-Power
What did Maguire J state in Macauley v Wyse-Power? 
The People were entitled to have the opinion of a judge without fear of his words being challenged elsewhere
Who also enjoys absolute privilege and how do they claim this privilege?
Media coverage of court proceeding enjoys privilege if the report is 'fair and accurate'
Name of the case where the media were reporting a case and reported on a bystander accusing a witness of perjury?
Lynam v Gowing
What was the decision in Lynam v Gowing? 
A report of the accusation by the bystander was not protected by absolute privilege
When does qualified privilege apply?
Applies where a statement is published to a person who:
had duty to receive statement
D believed upon reasonable grounds that the person had duty
D had duty to communicate this info to the person
How can the D escape liability by pleading qualified privilege?
By showing that:
3rd party had a duty in receiving the defamatory statement
D had duty to communicate the defamatory info to the 3rd party
Name of the case where the UCD President claimed qualified privilege?
Kirkwood v Tierney
Name of the qualified privilege case where a priest warned the church about the plaintiff?
Magrath v Finn
What was the ruling in Magrath v Finn? 
The address by the parish priest to the church about the P was not privileged
What does section 19 of the 2009 Act state about how a defence of qualified privilege shall fall? 
A defence of qualified privilege shall fall if the P proves that the D acted with malice
Name of the case where P was wrongly accused of theft in crowded place?
McCormack v Olsthoorn
What was ruled in McCormack v Olsthoorn?
The incident was covered by qualified privilege as the P had a legal duty to speak to protect his property from theft
What does the defence of honest opinion mean?
Applies where the defamatory statement consists of an opinion
When will there be no liability for the D in a defence of honest opinion?
No liability if D proves that the opinion was honestly held
Name of the honest opinion defence case of a restaurant review?
Convery v Irish Times
What happened in Convery v Irish Times?
The D wrote a critical review of P's restaurant and the P ruled for defamation
What conditions lay with the defence of an offer to make amends under s22? 
D can offer to put things right, and this offer to amends;
must be in writing
must be done before they defend the action
What happens if an offer to make amends is accepted by both parties?
The P can apply to the HC to direct the D to comply with terms of the offer
Name of the offer to make amends case in Ireland?
Christie v TV3
What did the HC rule about the TV3's offer to make amends and public apology?
The apology was not as fulsome as it should be as it did not acknowledge the defamation and the charity donation trivialised the wrong
What does an apology mean as a defence under s24?
Apology helps to reduce compensation and a D may give evidence in mitigation of damage:
made an apology
apology given same prominence
offer made soon as possible after P's complaint
Under s24(3) and (4), what does an apology not constitute?
24(3) - an apology does not constitute an admission of liablity
24 (4) - evidence of an apology not admissible as evidence of liability
Name of the apology case in Ireland?
McDaid v The Examiner
What happened in McDaid v The Examiner?
The D newspaper published article on front page alleged in headline that the P, Minister for Tourism, knew who the sex monster are but won't tell the Gardaí
What did the D do in McDaid v The Examiner?
The D published a full apology admitting the article was inaccurate
What evidence did the P give regarding the result of the article in McDaid v The Examiner?
He gave evidence that he was jostled in Grafton Street and threatened at the Leopardstown Races
What does a consent to publish under s25 mean?
Known as the defence of consent, for a D who proves that the P consented to the publication of the statement
Name of the case where the defence of consent was used?
O’Hanlon v ESB - the P cannot complain if he has consented to the publication under contract
What is the Latin maxim used for the defence of the consent?
volenti non fit injuria - to a willing person, it is not wrong
What does a fair and reasonable publication on a matter of public interest defence mean under s26? 
D proves defamatory statement made in Good Faith and discussion of subject for public benefit
What case established the non-exhaustive list of what is fair and reasonable for publication?
Lord Nicholls in Reynolds v Times Newspaper