Case Law, Ireland: Jeffery v. The Minister for Justice and Equality, Court Proceedings and Immunity from Defamation – Yvonne Moynihan

30 03 2014

Department_of_Justice,_Equality_and_Law_ReformIn general, what is said in court proceedings is protected by absolute privilege.  In Ireland this is placed on a statutory footing by s. 17(2) of the Defamation Act 2009. Privilege is not only attached to oral testimony but also to affidavits and documents produced in the course of a hearing. Read the rest of this entry »

Defamation Act 2013: Let’s Learn from the Irish – Clare Tsimpourla

7 01 2014

Ireland SignA lot has been said about the new Defamation Act. Some have welcomed it as the dawn of a new era for freedom of expression, others as a likely to lead to the suppression of genuine claims. Regardless of what people think, it is the new law, and as a new law that has not yet been tested in England and Wales, one can only hypothesise as to what the results may be. Read the rest of this entry »

Defamation Act 2013: Has Ireland set an example which the UK should follow? – Paul Tweed

5 01 2014

Paul TweedWith the coming into force of the new Defamation Act on 1 January 2014 it remains to be seen whether the Government has scored an economic own goal in relation to the requirement that a company will have to establish “serious financial loss” in order to be entitled to protect the reputational integrity of a brand or product. Read the rest of this entry »

The Irish View on Defamation and the Internet: ‘Where Does Libel Occur’? – Clare Tsimpourla

18 12 2013

DnB logoIn 2012 the Irish Courts found themselves tangled in a jurisdictional web. The case of  Coleman v MGN ([2012] IESC 20) started out somewhat like this: Mr Coleman woke up one day in 2003, only to discover that his face was portrayed in the Daily Mirror (UK) next to an article about hooligans and drunkards. Distraught by the implications of the publication, he sought damages inter alia for defamation, negligence and breach of contract. Read the rest of this entry »

Pornography, cyberbullying, and internet regulation – Eoin O’Dell

7 08 2013 PollThe image, right, shows the result of a poll on The which ran last Tuesday: the question was whether Ireland follow the UK’s lead in blocking online porn? And the results show a slight majority (54%) against doing so. This comes in the wake of proposals from UK Prime Minister David Cameron to compel internet service providers to block pornographic material by default. Read the rest of this entry »

Ireland, Open justice and access to court documents: a footnote – Eoin O’Dell

10 06 2013

stlcourtdocs2Article 34.1 of the Constitution provides that “Justice … shall be administered in public“. By way of footnote to my earlier post on Open justice and access to court documents comes the decision of Hogan J in Allied Irish Bank plc v Tracey (No 2) [2013] IEHC 242 (21 March 2013). The applicant had been mentioned in affidavits filed by the defendant in the main action, and took this motion to have access to those affidavits. Read the rest of this entry »

Case Law, Ireland: McKeogh v John Doe 1 (No.2), Facebook, Google and mandatory take down injunctions

19 05 2013

EoinIn November 2011, Eoin McKeogh was falsely branded as a thief on YouTube, Google, Facebook and a number of websites.  This was the result of a video and accompanying material which wrongly identified him as a man leaving a taxi without paying the fare in Monkstown, Dublin.  Mr Keogh has, since that date, made great efforts to remove this material from the internet. Read the rest of this entry »

News: Ireland, Jury award of €150,000 defamation damages against Irish Daily Mail

23 02 2013

Denis O'BrienOn 14 February 2013, a Irish High Court jury awarded defamation damages of €150,000 to billionaire businessman Denis O’Brien (pictured) in a claim against the Irish Daily Mail. The jury rejected the defence of honest opinion, finding that the article was not based on fact and was not in the public interest. Read the rest of this entry »

It’s not about what Mr Cowen did last summer, it’s about a fundamental right to privacy and accuracy that affects us all – Paul Tweed

3 02 2013

In writing his Inforrm post on the basis of a speculative report in a Sunday newspaper, Dr Eoin O’Dell was not to know that a Complaint had in fact already been lodged with the Press Ombudsman on behalf of the former Taoiseach, Mr Brian Cowen.   Dr O’Dell’s comments were made  while the matter was still the subject of an ongoing adjudication process which has the full support of the newspaper industry.  Neither I nor Michael Kealey, the lawyer for the Irish Mail on Sunday, had been in a position to comment at the time in respect for the Ombudsman’s understandable preference that confidentiality be maintained during the initial stages of a complaints procedure aimed at encouraging a “mediated” solution in the first instance. Read the rest of this entry »

Ireland: I will always know what you did last Summer, Mr Cowen – Eoin O’Dell

29 01 2013

Mail apology to Cowen, via @davidcochraneThe image is a thumbnail of an apology printed in yesterday’s Irish Mail on Sunday; click through for a full-size twitpic by David Cochrane. It is headed “Brian Cowen”, and it consists of four paragraph. The first paragraph (which consists of a single sentence) begins by referring to their story of Cowen’s attendance at the Executive Education Programme at Stanford University which has been the subject of three earlier posts (here, here and here) on this blog, speculating as to the strength of Cowen’s possible complaint to the Press Council of Ireland and the Office of the Press Ombudsman that article invaded his privacy. Read the rest of this entry »


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