Ireland: Orders against social networks to identify anonymous posters of defamatory content (Muwema v Facebook part 3) – Eoin O’Dell

13 07 2017

Fred Muwema is a prominent lawyer in Uganda, who claimed that various Facebook pages in the name of Tom Voltaire Okwalinga, or TVO, defamed him. In Muwema v Facebook Ireland Ltd [(No 1)] [2016] IEHC 519 (23 August 2016), Binchy J declined to grant injunctions requiring Facebook either to remove the posts from the account or to prevent the material in them from being re-posted, and I considered these holdings in one of my earlier posts on the case.  Read the rest of this entry »





Case Law, Strasbourg: Independent Newspapers v. Ireland: €1.25 million defamation award against newspaper violated Article 10 – Ronan Ó Fathaigh

25 06 2017

The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still significant for signalling to Irish courts that unpredictably high damages have a “chilling effect,” and require the “most careful scrutiny” and “very strong justification.” Read the rest of this entry »





Damages and compensation for invasion of privacy and data protection infringements – Eoin O’Dell [updated]

16 05 2017

The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea; pictured left), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex in 2006 with one Heather Cole, who (as Heather Clem) was the then-wife of his then-best-friend (the wonderfully-monikered radio personality Bubba “the Love Sponge” Clem). Read the rest of this entry »





Ireland: Blasphemy is in the news again; it should be removed from the Constitution, as the Constitutional Convention recommended – Eoin O’Dell

10 05 2017

The Irish Independent reported last week that the Gardaí (the Irish police) had launched a blasphemy probe into comments made by Stephen Fry on the television show The Meaning of LifeRead the rest of this entry »





Ireland, Reform of the law of defamation: damages – Eoin O’Dell

6 01 2017

ipi-flag-eurosThe Tánaiste and Minister for Justice and Equality is conducting a review of the operation of the Defamation Act 2009 (also here). No doubt the focus of media submissions will be the level of damages, and exhibit A in those submissions will unquestionably be the decision of the Supreme Court in Leech v Independent Newspapers [2014] IESC 79 (19 December 2014). Read the rest of this entry »





Ireland: The Department of Justice is conducting a review of the Defamation Act 2009 – Eoin O’Dell

2 11 2016

dojedublinThe Tánaiste and Minister for Justice and Equality has announced a review of the operation of the Defamation Act 2009 (also here), and is now inviting contributions and submissions by 31 December 2016. This is excellent news. Read the rest of this entry »





Ireland: Harmful Communications and Digital Safety – Eoin O’Dell

6 10 2016

onlinesafety-300x236The Irish Law Reform Commission has published its long-awaited (pdf) a Report on Harmful Communications and Digital Safety(pdf). It contains 32 recommendations for reform, and includes a draft Harmful Communications and Digital Safety Bill to implement them. Read the rest of this entry »