The definition of what constitutes a defamatory statement is to be set out in Scots law for the first time under draft legislation published today. The Defamation and Malicious Publication Bill would simplify and modernise defamation law and aims to ensure that a better balance is struck between pro
Defamation
The removal of juries, limitation of damages and more certainty in defamation cases have been raised as proposals to reform the Defamation Act 2009.
Coolmore Stud has been granted an order striking out a defamation claim brought by a former employee who wrote a book about the famous thoroughbred farm after he retired in 2015. Coolmore Stud wrote letters to retailers and distributors of the book after it was published, threatening legal action if
Lawyers for Palestinian politician Mohammed Dahlan have said he will continue his defamation action against Facebook in the High Court in Dublin. Mr Dahlan made the decision yesterday after concluding his English defamation claim against London-based news outlet Middle East Eye.
Belfast firm KRW Law is representing controversial former journalist Gemma O'Doherty in a defamation action against Village Magazine and its editor, the magazine has said. In a tweet, Village Magazine said the law firm had lodged proceedings in the High Court in Dublin over the content of an editori
Lawyers for Irish businessman Jim Mansfield jnr have issued defamation proceedings against RTÉ in connection with an episode of Prime Time. Belfast solicitor Kevin Winters, partner at KRW Law, said the decision to litigate was "emboldened" by a prosecution recently brought against Mr Mansfiel
Ireland's defamation laws should be reformed to protect court reporters, including amateur bloggers, from being sued for simple oversights and omissions, the Law Reform Commission has recommended. Attorney General Séamus Woulfe SC will today launch the Commission's new Report on Privilege for
Karyn Harty, partner in dispute resolution and litigation at McCann FitzGerald, considers the impact of defamation reform in Britain on litigation in Ireland. Earlier this year, Newsbrands Ireland, the group representing many of Ireland’s newspaper titles, launched a campaign calling for refor
Tina English and Lee O'Donovan look at a recent opinion from the European Court on the scope of 'takedown orders' imposed on host providers. Advocate General Szpunar (the “AG”) of the Court of Justice (“CJEU”) has stated in a noteworthy opinion that the E-Commerce Directive (
News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied. The Supreme Court unanimously dismissed the appeal,
Ireland's present defamation laws pose a "major threat to press freedom", the Press Council of Ireland has warned. Seán Donlon, chairman of the Press Council, said the Defamation Act 2009 had led to juries making "substantial awards which were subsequently deemed excessive by higher courts, i
Oscar-winning actor Geoffrey Rush has been awarded Australia's largest ever defamation payout to a single person. Mr Rush won $2.9 million AUD (around £1.58 million or €1.8 million) in his lawsuit against the publishers of the Daily Telegraph tabloid.
The Sunday World has lost an appeal against the finding that two articles it published about a former GAA footballer were seriously defamatory and warranted an award of €310,000 in damages. Dismissing the Sunday World’s appeal, Mr Justice Michael Peart allowed the man’s cross-appeal
Ciaran O'Shiel, associate in IP, media and data disputes at A&L Goodbody in Belfast, considers the consequences of a recent judgment of the UK Supreme Court. “He tried to strangle me. What would those words convey to the ordinary reasonable reader of a Facebook post?” is how Lord Ker
Prominent solicitor Gerald Kean has been awarded €160,000 in damages and costs by the High Court after a jury found that he was defamed in a newspaper article. Mr Kean sued news publisher Independent Star Ltd over an Irish Daily Star article published on 11 March 2016 concerning a visit by Crim