Defamation – Page 5

1. Introduction
The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. However, he declined to grant injunctions requiring Facebook either to remove the posts or to prevent the material in them from being re-posted, on the grounds that Facebook could rely on the defence of innocent publication in section 27 of the Defamation Act 2009 (also here).

On the other hand, in the earlier Petroceltic International plc v Aut O’Mattic A8C Ireland Ltd (High Court, unreported, 20 August 2015, amended 8 September 2015; noted here (pdf) and here (pdf)) (see Irish Independent | Irish Times) Baker J not only gave an order requiring the defendant to identify an account-holder but also granted an injunction requiring the defendant to remove allegedly defamatory posts from a blog hosted on its site. Baker J simply made the relevant orders, whereas Binchy J handed down a full judgment explaining that section 27 was the reason why he refused to award the injunctions against the defamatory posts.…

Reform of the law of defamation – the defence of honest opinion

19 July, 201619 July, 2016

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| 2016-17 Reform, Defamation

In Northern Ireland, the Minister for Finance has just published a Review of the Law of Defamation, prepared for it by Andrew Scott (Associate Professor of Law, LSE). Prof Scott had prepared a consultation paper for the Northern Ireland Law Commission (NILC) in November 2014. The consultation period closed on 20 February 2015. The NILC itself closed on 31 March 2015. So Prof Scott’s final Report (pdf) was submitted directly to the Ministry for Finance, which has just published it. The Report builds on the work of the NILC, draws on the consultation responses that it received, assesses the recent experience of the law of defamation in England and Wales under the Defamation Act 2013, and sets out recommendations for reform of the law of defamation in Northern Ireland. Most of the recommendations require legislation by the Northern Ireland Assembly, so a Bill to this effect is included as Appendix 1 to the Report. A second draft Bill that would merely emulate the 2013 Act in Northern Irish law is included as Appendix 2.

The Report recommends that, to a significant extent, measures equivalent to the provisions of the 2013 Act should be introduced into Northern Irish law. However, one of the substantial changes from the 2013 Act relates to the proposed new defence of honest opinion.…

On World Press Freedom Day, the inevitable calls for reform of Irish defamation law focus on the wrong issues

3 May, 201631 August, 2018

| 7 Comments

| 2016-17 Reform, Defamation, Freedom of Expression, Freedom of Information

Today is World Press Freedom Day. The UN/UNESCO Declarations on Promoting Independent and Pluralistic Media were adopted on 3 May 1991, at a seminar on Promoting an Independent and Pluralistic African Press, held in Windhoek, Namibia, from 29 April to 3 May 1991. Article 1 provides (with added link):

Consistent with article 19 of the Universal Declaration of Human Rights, the establishment, maintenance and fostering of an independent, pluralistic and free press is essential to the development and maintenance of democracy in a nation, and for economic development.

On foot of a recommendation (pdf; see proposal II.B, p2) from UNESCO, on 20 December 1993 the UN General Assembly adopted (pdf; see p29) 3 May, the anniversary of the Declaration of Windhoek, as World Press Freedom Day.

To mark the day, President Michael D. Higgins toay issued a statement highlighting the crucial role of the media, and of the fundamental principles of media freedom, pluralism and independence, in democratic societies:

This year, 100 years since the momentous event of the 1916 Easter Rising, we are reminded of the importance of a free and democratic society and of the central role that journalism must play in the quest for a full and accountable democratic republic.

…

Defamation Reform in Great Britain and Ireland: A Comparative Analysis

30 March, 20163 October, 2023

| 2 Comments

| 2016-17 Reform, Defamation

All four jurisdictions in Great Britain and Ireland have engaged in reforming defamation law over the last decade. The Republic of Ireland and England and Wales have already enacted new Defamation Acts, while the Northern Irish and Scottish Law Commissions are currently working on reform proposals. Indeed, the Irish Law Reform Commission has recently been invited by the Attorney General to consider a very net issue relating to defamation law and court reporting.

Against this backdrop, the Private Law Discussion Group in the School of Law, Trinity College Dublin, will host a public event on defamation law reform in Great Britain and Ireland, from 17:30 to 19:00 on Friday 1 April in Neill Theatre, Trinity Long Room Hub, Trinity College Dublin (map).

The group is delighted to welcome Dr Eric Descheemaeker (pictured above left), of the School of Law, University of Edinburgh, who will examine selected provisions of the Irish Defamation Act 2009 (also here) against the wider background of defamation reform in the British Isles. The common substrate of these four systems makes it especially interesting to compare their approaches on a number of issues. Dr Eoin O’Dell, of the School of Law, Trinity College Dublin, will then respond to the issues raised in Dr Descheemaeker’s analysis.…

Court reports and defamation

2 February, 201630 March, 2016

| 3 Comments

| 2016-17 Reform, Defamation, Open Justice

Before Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice.

Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News | Irish Times).

A spokesperson for the Law Reform Commission told Irish Legal News:

I can confirm that a referral by the Attorney General has recently been made to the Commission pursuant to section 4(2)(c) of the Law Reform Commission Act, 1975 [also here] to examine and research matters relating to defamation law and court reporting.

The Irish Times adds that Prof Donncha O’Connell, Head of the School of Law at NUI Galway and a Commissioner at the Law Reform Commission, will head up the examination.

It is a fairly narrow issue; and if, after consultations, the Commission concludes that there is indeed a case for reform of the law of defamation as it relates to court reporters, then it will require only a small number of amendments to the Defamation Act 2009 (also here) to achieve it.…

Reform of defamation – 1 – court reports

19 December, 201514 September, 2020

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| 2016-17 Reform, Defamation, Open Justice

The Attorney General, Máire Whelan, yesterday called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice (Irish Independent | Irish Times | RTE). She made her call as part of her comments marking the retirement of the outgoing President of the High Court, Mr Justice Nicholas Kearns. Rather predictably, an Irish Independent editorial praised her “timely and insightful address” and her “welcome and refreshing” observations, bemoaned “telephone number” legal fees and “massively punitive” damages awards, and argued that a “review of defamation laws is long overdue”.

A long-running review of defamation was concluded by the Defamation Act, 2009 (also here), which came into force on 1 January 2010. Section 5 (also here) of the Act provides

(1) The Minister shall, not later than 5 years after the passing of this Act, commence a review of its operation.

(2) A review under subsection (1) shall be completed not later than one year after its commencement.

According to the definitions in section 2 (also here), the Minister in question is the Minister for Justice and Equality. Although the deadline in section 5 has passed, a review does not yet seem to have been commenced.…

Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice?

16 November, 201518 November, 2015

| 3 Comments

| Defamation, ECHR, Freedom of Expression

The Guinness Storehouse claims to be Ireland’s most popular tourist attraction. As the city is out of the running to become European Capital of Culture, 2020 (a title it last held in 1991), and as the Web Summit is moving to Lisbon from next year, tourist attractions like the Storehouse are probably glad to know that Dublin seems to be taking London’s mantle as Capital of Defamation, as the destination of choice for libel tourists seeking a congenial jurisdiction in which to bring a defamation action.

This is according to a new report from Thomson Reuters (see press release (via Inforrm’s blog) | The Guardian | The Independent | The Times (sub req’d) | Irish Legal News). Thomson Reuters have published research in the past about the numbers of defamation cases in London, arguing that the number of defamation cases against media groups halved in the five years from 2008/09 to in 2012/13, and that the UK’s Defamation Act, 2013 would bring further changes to the UK’s legal landscape. It is unsurprising, then, that their most recent report continues this theme. The headline on the press release for the report is that the number of defamation cases has fallen by a third in the last year; and a sub-head explains the drop by reference to the impact of the 2013 Act.…

And the dance goes on

30 October, 201215 March, 2013

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| Defamation, prior restraint

In my previous post, I discussed a temporary injunction obtained by music promoter David Kavanagh to prevent the sale of Melanie Verwoerd‘s memoir When We Dance. The book charts her Afrikaner upbringing, her marriage to the grandson of an architect of apartheid, her anti-apartheid involvement with the African National Congress, her time as South African ambassador to Ireland and as head of UNICEF Ireland, and her relationship with celebrity DJ Gerry Ryan until his unexpected death on the night of 29 April 2010.

When the matter was due to return to the High Court, Laffoy J was told that it had been settled on the basis of a statement which would be read out in court and would be inserted as an erratum slip into the books when they go on sale (see Irish Independent | Irish Times).

The statement said that Ms Verwoerd was happy to acknowledge that Mr Kavanagh was and remained a good friend of Gerry Ryan, that it was to Mr Kavanagh that Gerry turned for help shortly before his untimely death, and that Mr Kavanagh had indicated he would help in whatever way he could to alleviate the financial pressure on Gerry.…

cearta.ie

Category: Defamation

Internet defamation and the liability of intermediaries (Muwema v Facebook part 1)

Reform of the law of defamation – the defence of honest opinion

On World Press Freedom Day, the inevitable calls for reform of Irish defamation law focus on the wrong issues

Defamation Reform in Great Britain and Ireland: A Comparative Analysis

Court reports and defamation

Reform of defamation – 1 – court reports

Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice?

And the dance goes on