A person who claims to be the subject of a statement that he or she alleges is defamatory may apply to the Circuit Court for an order (in this Act referred to as a “declaratory order”) that the statement is false and defamatory of him or her.
Today, in an important decision, (that has been overshadowed by the coverage given to Doherty v Government of Ireland  IEHC 369 (03 November 2010)), the first reserved judgment on the 2009 Act has been handed down on an application pursuant to this section (and another action seeking a declaration is pending):
A convicted porn user who had openly admitted his guilt and had sought psychiatric help is still capable of having his “residual” character defamed, a judge decided today.
Judge Joseph Matthews said that 34-year-old Barry Watters, of Hazelwood Avenue, Dundalk, Co Louth, had suffered a substantial loss of reputation through his guilt, conviction and imprisonment on pornographic charges. But he could not reasonably be said to be in the same category as a convicted prisoner who refused to accept his guilt, remained in denial and do absolutely nothing with no remorse, contrition, acceptance of wrong doing or show any intention to rehabilitate or not re-offend.