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 »





Ireland: Reform of the law of defamation – the defence of innocent publication (Muwema v Facebook part 2) – Eoin O’Dell

29 09 2016

innocent_moonlit_night_1929_by_harue_kogaThe decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) demonstrates that, on the question of the liability of internet intermediaries for defamatory posts on their platforms, an important part of the answer is provided by application of the defence of innocent publication provided in section 27 of the Defamation Act 2009 (also here). Read the rest of this entry »





Ireland: Internet defamation and the liability of intermediaries (Muwema v Facebook Part 1) – Eoin O’Dell

28 09 2016

uganda-facebook-ireland-300x284The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Read the rest of this entry »





Northern Ireland: Reform of the law of defamation, the defence of honest opinion – Eoin O’Dell

20 07 2016

honest_opinionIn Northern Ireland, the Minister for Finance has just published a Review of the Law of Defamation, prepared for it by Andrew Scott (Associate Professor of Law, LSE). Prof Scott had prepared a consultation paper for the Northern Ireland Law Commission (NILC) in November 2014. The consultation period closed on 20 February 2015. Read the rest of this entry »





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 »