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Identification (Defamation) Notes

Irish BCL Notes > Irish Tort Law Notes

This is an extract of our Identification (Defamation) document, which we sell as part of our Irish Tort Law Notes collection written by the top tier of Trinity College Dublin students.

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Identification Defamation Bill 2006 s.5 (3) A defamatory statement concerns a person if it could reasonably be understood as referring to him or her. s.9 Where a person publishes a defamatory statement concerning a class of persons, a member of that class shall have a cause of action under this Act against that person, if a) by reason of the number of persons who are members of that class or b) by virtue of the circumstances in which that statement is published the statement could reasonably be understood to refer, in particular, to the member concerned.

Sinclair v Gogarty (SC 1937) Facts

1. The defendant published a book which contained libellous statements about two anonymous individuals.

2. The plaintiffs claimed that it could reasonably be understood to refer to them. IssueIdentification - Probative Evidence

Judgment (Hanna J)
? The evidence of the plaintiff and, in particular, of a third party is a strong indication that the parties can reasonably be identified from the book.
? It is also clear that there are enough hints in the book to indicate to anyone familiar with the family that it is they who are being portrayed in the book.

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