Ireland: On World Press Freedom Day, the inevitable calls for reform of defamation law focus on the wrong issues – Eoin O’Dell

3 05 2016

wpfd2016Today 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. Read the rest of this entry »

Ireland: Court reports and defamation – Eoin O’Dell

8 02 2016

320px-CriminalCourtofJusticeDublinBefore 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). Read the rest of this entry »

Ireland: Reform of defamation, court reports – Eoin O’Dell

8 01 2016

320px-CriminalCourtofJusticeDublinOn 18 December 2015 the Attorney General, Máire Whelan, 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). Read the rest of this entry »

Ireland: Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice? – Eoin O’Dell

17 11 2015

DublinThe 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. Read the rest of this entry »

Ireland: Full Breach Damages in data protection cases, the impact of Vidal-Hall on Collins v FBD – Eoin O’Dell

11 07 2015

FBDDataSubjectThe Court of Appeal decision in Google Inc v Vidal-Hall [2015] EWCA Civ 311(27 March 2015) (Dyson MR and Sharp LJ in a joint judgment; McFarlane LJ concurring), affirming the judgment of Tugendhat J (at[2014] EWHC 13 (QB) (16 January 2014)), is a very important decision on damages for invasion of privacy, and it raises significant questions about the correctness of Feeney J’s reasoning in the earlier Irish case of Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013). Read the rest of this entry »

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 »


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