Defamation
The Tort of Defamation is the publication of a false and defamatory statement concerning another person without lawful justification.
The wrong has always been regarded as one in which the court must have the advantage of the personal presence of the parties so that justice may be done. Thus an action of defamation does not survive for or against the Estate of a deceased person.
The Tort of Defamation is of two kinds: namely, libel and slander.
Libel consists of a defamatory statement which is made in some visible and permanent form such as writing, printing, pictures etc…
In slander it is made in spoken words or in some other transitory form.
A defamatory statement has been defined legally as a statement which tends to lower a person in the estimation of right thinking members of society generally and in particular to cause a person to be regarded with feelings of hatred, contempt, ridicule, fear, dislike or disesteem.
A Plaintiff in a Defamation action is entitled to have such action heard before a Judge and Jury.
The Jury will assess damages as being the appropriate level of compensation to reinstate the Plaintiff to the circumstances prior to the tort.
An appeal to the Supreme Court is possible but will only succeed where it is decided that the Jury award is totally excessive or minute as the case may be.
A Defamation Action should not be taken lightly and consultation with an experienced Solicitor is certainly advisable.
As illustrations of recent case law in Ireland and the United Kingdom the following cases are of interest:
[Independent News and Media and Independent Newspapers Ireland Limited versus Ireland (2006) 42EHRR46].
[McDonagh versus News Group Newspapers Limited sup.ct. November 1993 (unrep)].
[Barrett versus Independent Newspapers Limited (1986) I.R.3].
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