#5421 - Statement (Defamation) - Irish Tort Law

Statement

Defamation Bill 2006

s.5 (1) The tort of libel and the tort of slander a) shall cease to be so described and b) shall, instead, be collectively described as and referred to in this Act as the “tort of defamation”.

s.34 The common law offences of criminal libel, seditious libel and obscene libel are abolished.

Defamation Act 1961

s.15 For the purposes of libel and slander the broadcasting of words by means of wireless telegraphy shall be treated as publication in permanent form.

s.16 Words spoken or published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable.

s.19 In an action for slander in respect of words calculated to disparage the plaintiff in any office profession, calling, trade or business held or carried on by him at the time of the publication, but shall not be necessary to allege or prove special damage, whether or not the words are spoken of the plaintiff in the way of his office, profession, calling, trade or business.

Hilliard v Penfield Enterprises (HC 1990)

Facts

1. The husband of the plaintiff was the subject of allegations in an edition of the defendants' magazine to have been an intelligence officer for the IRA and had been involved in a number of crimes on its behalf

2. The plaintiff sought leave to prosecute the defendants for criminal libel.

Issue

• Criminal libel

Judgment (Gannon J)

• The question of whether a libel should open the defendant up to criminal prosecution depends upon the gravity of the libel and the public interest put up by the defence.

• The test on both sides is the effect of the libel and the effect of the prosecution on a significant section of law abiding citizens.

• While a public disturbance is an indication that an libel is serious enough to be criminal, it is not necessarty that a disturbance occur in order for a libel to be criminal.

• Where the defamation is of a dead person, it must be made malevolently and intended to injure the remaining members of his family.

• In this case the defamation was not sufficiently grave.

Dinnegan v Ryan (HC 2002)

Facts

1. The plaintiffs had an agreement with the defendants to host a post-wedding reception in the defendants' pub.

2. Upon...