Skip to content

cearta.ie

the Irish for rights

Menu
  • About
  • Privacy Policy
  • Disclaimer
  • Contact
  • Research

Category: Defamation

Oh defamation, where is thy sting?

19 May, 200919 May, 2009
| 3 Comments
| Defamation, Irish cases, journalism

Nettle, via WikipediaTwo defamation stories from the Irish Times. The first concerns an interesting variation on the old defamtion saw, the sting of the libel:

An Irishman’s Diary

… In the Language of Flowers – a Victorian invention by which tortured lovers and the like used to send coded messages – nettles signified “cruelty” or “slander”. So in a sense, Shakespeare’s Cordelia is defaming the symbol of defamation when she lumps nettles (in King Lear Act IV) with “cuckoo flow’rs, darnel, and all the idle weeds that grow in our sustaining corn”. …

Quinn Insurance logoThe second concerns what seems like an important development in the defence of public interest publication:

Quinn group loses action to limit ‘Tribune’ libel defence

Quinn Insurance Group has lost a High Court bid to strike out parts of the Sunday Tribune’s defence to forthcoming libel proceedings taken against it by the insurance company.

The libel action is over articles alleging the group recruited gardaí to approach solicitors to offer them bonuses on their fees to recommend reduced settlements to clients in cases against Quinn Direct.

Ms Justice Elizabeth Dunne yesterday ruled the defendants had provided adequate details of its plea of justification for the article and also sufficiently set out the nature of the public interest being relied upon to justify the article.

…

Read More »

Criminal libel; one faltering step forward, now two steps back

6 May, 20093 October, 2023
| 7 Comments
| criminal libel, Defamation, Defamation Bill 2006

Houses of the Oireachtas, via their websiteA little more than a month ago, I wondered why legislators are so loath to repeal criminal libel provisions. However, in a subsequent post, I acknowledged that section 34 of the Defamation Bill, 2006 as introduced provided for the abolition of the common law offences of criminal libel, seditious libel and obscene libel. It now seems that I wrote too soon and that my original skepticism was justified. No sooner had my fingers left the keyboard on the second post than news came that the Bill had returned to the top of the legislative agenda. The Committee on Justice, Equality, Defence and Women’s Rights has begun the Committee Stage of the Bill. Several amendments (pdf) are being considered, almost all of which are retrenchments upon the advances made in earlier drafts of the Bill.

It seems to me that the longer it takes to enact the Bill, the more restrictive it becomes. Nowhere is this more true than in the case of criminal libel. Head 65(1) of the draft Bill appended to the Report of the Legal Advisory Group on Defamation (pdf) (disclosure: I was a member of the Group) provided for the abolition of the common law offences of criminal, blasphemous, seditious and obscene libel.…

Read More »

Where stands the Defamation Bill, 2006 on the Government’s legislative agenda?

23 April, 20096 May, 2009
| 2 Comments
| Defamation, Defamation Bill 2006

Houses of the Oireachtas, via their websiteWith all the coverage of Government ins and outs at Minister of State level, it was easy to miss yesterday’s announcement by Government Chief Whip Pat Carey of the Legislative Programme for the coming parliamentary session (Irish Times report | Government press release). According to the Dáil Éireann Order Paper for 22 April 2009 (pdf), this continues to include the long-delayed Defamation Bill, 2006. The Minister for Justice, Dermot Ahern, has recently stated his hope that the Bill would become law by the Summer, so its continuing inclusion on the Order Paper is to be welcomed. It is currently becalmed in the Joint Committee on Justice, Equality, Defence and Women’s Rights. That committee completed its work on the Tribunals of Inquiry Bill, 2005 at its last sitting earlier this month, and is scheduled (pdf; see also here) to take up the Arbitration Bill, 2008 today. To stand any chance of enactment either side of the Summer, the Defamation Bill will have to be taken next. As to that, we shall have to wait and see.…

Read More »

Cowengate and seditious libel

2 April, 200920 January, 2013
| 5 Comments
| Defamation, Defamation Bill 2006, Sedition

Staute of John Wilkes, via WikipediaI wonder whether anyone has suggested that Conor Casby’s caricatures of Cowen constitute a seditious libel? It’s not that fanciful a question: the common law crime still exists, and has been used against milder criticism. But the mere fact that the question can be asked in this context demonstrates just how ridiculous the crime actually is. It’s on the way out in Australia. Now, thankfully, its days may now finally be numbered, both in Ireland and in the UK too!

As for Ireland, the Minister for Justice suggested this week that we could see the enactment of the Defamation Bill, 2006 before the summer. Since it was introduced in July 2006, the Bill has suffered more delays than Ryanair, to say nothing of the long journey to reach that point which began with the work of the Law Reform Commission in 1991 (Consultation Paper and Report on the Civil Law of Defamation; Consultation Paper and Report on the Crime of Libel). The tortuous passage of this Bill through the Oireachtas has taken so long that I won’t hold my breath, but the fact that it is likely to recommence its less-than-steady progress is welcome news nonetheless. One of the many great benefits of this enactment will be the abolition of the common law crime of seditious libel.…

Read More »

The good, the bad, and the ugly

1 April, 200924 April, 2009
| 3 Comments
| advertising, Defamation, Defamation Bill 2006, Press Council, Privacy

Poster for movie 'The good, the bad and the ugly' via the Rotten Tomatoes movie website.Three stories from today’s Irish Times caught my eye. First, the good. The Press Council of Ireland and the Office of the Press Ombudsman launched their first annual report yesterday. The press industry undoubtedly did a good thing in establishing the Press Council and the Ombudsman, and yesterday’s report on the first year of operation shows the wisdom of that decision. The launch of the report is covered in the Home News section of the Irish Times, and welcomed in the lead editorial . From the report [with added links]:

Praise for complaints system after release of Press Ombudsman’s report

AGGRIEVED READERS made over 370 complaints about newspapers and magazines last year during the Press Ombudsman‘s first year of work, his annual report reveals. … Reviewing the performance of the Press Council of Ireland and the Office of the Press Ombudsman in their annual report published yesterday, council chairman Prof Tom Mitchell said the innovative and effective regulatory system offered significant benefits to the press and public. …

Moreover, speaking at the launch, the Minister for Justice, Dermot Ahern, said he hoped that the long-delayed Defamation Bill, 2006 would become law by the summer, an aspiration which Prof Mitchell greeted as “wonderful news”.…

Read More »

Cowengate follow-on: a question, and more pictures at the exhibitions

29 March, 20092 April, 2009
| 16 Comments
| Blogging, Censorship, Defamation, Freedom of Expression, Irish Law, Irish Society, journalism, Law, Sedition
Emerson, Lake and Palmer performing their 1971 album version of Pictures at an Exhibition

The Cowengate controversy certainly caught the imagination this week; and, by way of update to my earlier posts on the topic, I’ve collected some more links about the affair below. Perusing the coverage in print, broadcast, and online, a question has repeatedly occurred to me: for all that there was online outrage, how much of it was reflected in the print or broadcast media? My impression is that whilst online commentary reflected and often relied upon the print or broadcast media, there was (by and large) very little traffic the other way. Is this a fair assessment? Answers, please, in the comments below.

[The remainder of the post is another compendium of links relating to the Cowengate controversy].…

Read More »

Cowengate and Freedom of Expression

26 March, 200914 September, 2020
| 37 Comments
| Blogging, Censorship, Defamation, Freedom of Expression, Irish Law, Irish Society, Journalists' sources, Sedition
No image, to represent the attempt to censor the Cowen caricatures

Suzy must get the prize for popularising the best political coinage of the day, for – so far as I can see – it is she who has run with the name “Cowengate” for the sturm und drang surrounding satirical portraits of the Taoiseach (Prime Minister), Brian Cowen. In a piece of guerrilla artistry as ingenious as the coinage Suzy has popularised, caricatures of Mr Cowen were anonymously hung on the walls of the National Gallery of Ireland and the Royal Hibernian Academy. Once they were discovered, they were removed, but not before they had garnered sufficient publicity for RTÉ (Raidio Telefís Éireann, the national state broadcaster) to broadcast a story about them on the flagship 9:00pm television news programme.

It has been the occasion for lots of bad puns and some embarrassment on the part of the Taoiseach, the Gallery and the Academy, but in the ordinary course of things, the story should have blown over after about 48hours. However, things then took two turns for the worse. First, RTÉ apologised to Mr Cowen and his family or for any disrespect shown to the office of Taoiseach by their broadcast.…

Read More »

Cowengate: Pictures at an exhibition

26 March, 20092 April, 2009
| 29 Comments
| Blogging, Censorship, Defamation, Freedom of Expression, Irish Law, Irish Society, Journalists' sources, Law, Sedition
Ravel‘s orchestration of Mussorgksy‘s Pictures at an Exhibition, performed by the Philharmonia Orchestra conducted by Esa-Pekka Salonen at the BBC Proms in August 2006

This post is an addendum to Cowengate and Freedom of Expression (above). In the original version of that post, I had a paragraph of links to other coverage. Like Topsy, that paragraph growed and growed, so I’ve taken the list of links out of that post and put them here.…

Read More »

Posts pagination

Previous 1 … 13 14 15 … 19 Next

Welcome

Me in a hat

Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


Academic links
Academia.edu
ORCID
SSRN
TARA

Subscribe

  • RSS Feed
  • Twitter
  • LinkedIn

Recent posts

  • A trillion here, a quadrillion there …
  • A New Look at vouchers in liquidations
  • Defamation reform – one step backward, one step forward, and a mis-step
  • As I was saying before I was so rudely interrupted … the Defamation (Amendment) Bill, 2024 has been restored to the Order Paper
  • Defamation in the Programme for Government – Updates
  • Properly distributing the burden of a debt, and the actual and presumed intentions of the parties: non-theories, theories and meta-theories of subrogation
  • Open Justice and the GDPR: GDPRubbish, the Courts Service, and the Defence Forces

Archives by month

Categories by topic

Licence

Creative Commons License

This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

Credit where it’s due

Some of those whose technical advice and help have proven invaluable in keeping this show on the road include Dermot Frost, Karlin Lillington, Daithí Mac Síthigh, and
Antoin Ó Lachtnáin. I’m grateful to them; please don’t blame them :)

Thanks to Blacknight for hosting.

Feeds and Admin

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

© cearta.ie 2025. Powered by WordPress