DEFAMATION
A person’s reputation is important, for many different reasons and every person has the right to his or her good name. This right is protected by Irish Defamation law. There is a fine line between freedom of speech and publishing one’s opinions in such a way that negatively affects a person’s reputation. Defamation is a niche area of the law, and you should therefore always seek advice from a Solicitor who specialises in this type of work.
Niall Fox Solicitors have acted for many clients in Defamation cases before the courts.Libel
Libel refers to situations where a statement that negatively
affects a person’s reputation is published online or offline. This can be
extended to publication on radio, the internet, and television.
Slander
Slander, on the other hand, refers to situations where a
statement that negatively affects a person’s reputation is spoken as opposed to
published.
The Defamation Act 2009 redefined the two types
of defamation and instead of referring to libel and slander, it has amalgamated
them into one term called, ‘tort of defamation’.
The Defamation Act 2009 refers to a defamatory statement
(whether written or published) as:
- a
defamatory statement is written or spoken and is heard or read by a third
party
- a
false statement is made
- a
defamatory statement explicitly implies, refers/relates to a specific
person.
Types of Cases
Defamation can occur on several different platforms and in several
different situations.
At Niall Fox Solicitors we have a wealth of experience of all
sorts of Defamation claims.
If your case falls into one of these categories contact us by
email immediately at niall@niallfoxsolicitors.ie to tell us about your case:
- Accusation
of Theft – Wrongly accused of shoplifting from a shop/supermarket or
any other retail outlet
- False
Imprisonment – Detained by security in a retail outlet following a
false accusation of theft
- Assault
by Security – Physically being stopped or held by the security of a
shop
- Defamatory
Reference – from a previous employer
- Defamation
by a Media Organisation – Where a media organisation published a
statement that is defamatory against you
- Fraud
Accusation – Being accused of paying for goods or services with
counterfeit notes
Social Media
Social media thrives on our opinions. The more controversial
the topic is, the more people will get involved. So, if a media organisation
publishes a defamatory statement against you and uses social media to promote
this publication contact us immediately.
What you should do:
It is advisable that you record the details of the
defamatory event or statement made:
- Detail
out the history of the event on a notebook or in email format,
- Keep
all records of any publication or recordings of the defamatory incident or
statement being made,
- Take
witness accounts of the event, where possible or get names of relevant
personnel who were present at the time,
- Source or establish if there is any CCTV footage that will help your case, where possible.
Character Defamation
To prove a statement is defamatory, or even how to prove
defamation of character, the person making the claim must be able to show that:
- The
statement made was false
- The
statement was either published or spoken and a third party had read or
heard the statement. The reason for this is because if nobody reads or
hears the defamatory statement then it cannot damage a person’s
reputation. If the statement was heard or read by one person, it can be
assumed that it would also be heard by further parties.
- The
language used; the meaning of the statement could have an adverse effect
on a person’s reputation.
- A
specific person can be recognised or identified by reading the statement.
If the victim is clearly referenced in the defamatory statement, then it
could have an impact on their reputation.
Defending a claim
For the person who is pursuing a claim, it is important they
understand how the person they are making the claim against can defend the
claim against them. Defamation Act 2009, sets out ways in which a person can
defend a claim made against them, which include:
- Truth –
If a person can prove that the statement made is true then no claim can be
made.
- Absolute
Privilege – In certain cases, a court might grant immunity to the
person who made the statement if the court decides the third party that
reads or heard the statement had a right to know.
- Qualified
Privilege – In certain cases, a court may decide that the statement
made and the person that made the statement had a moral, social, or legal
duty to publish or announce it, also, in this case, it may be deemed that
the third party that read or heard the statement also had a moral, social,
or legal duty to the information.
- Honest
Opinion – The court may decide not to award compensation for
defamation where it believed that the statement made was an honest, genuine
opinion of the publisher, rather than a false statement of fact.
Please note the following relevant terms:
- Offer
to Make Amends – The publisher of the statement may offer to retract
their statement by publishing a correction or make a payment to the defamed
person.
- Apology –
As part of a defence against defamation claims, the guilty person may
offer an apology to the defamed person.
- Consent
to Publish – If the defamed person has given consent to the publisher
before the publisher made the statement public then no claim can be made
by the defamed person.
- Fair
and Reasonable Publication on a Matter of Public Interest – This type
of defence implies that the statement was fair and reasonable. It was a
topic of public interest and was made for the benefit of the public.
- Innocent
Publication – This defence refers to a situation where a third party
was not the author of the statement, editor, or publisher of the
statement. They took reasonable care in relation to its publication.
Case Settlement and Damages:
The compensation awarded for a defamation claim is difficult to estimate monies awarded are known as compensation for damages. At Niall Fox Solicitors we can advise you more accurately once we have your specific instructions.
Statute of Limitations – MOST IMPORTANTLY
As per the Defamation Act 2009, the timeframe is 1 year following the date of the defamatory act. Therefore, the time frame in which you must make a claim is ONE YEAR! If you do not act fast your case could become statute barred- i.e., you cannot bring your case!
Act now- if
you have been defamed or think you have been defamed contact Niall Fox
Solicitors immediately- 049 430 6903 or 0870900912 or email niall@niallfoxsolicitors.ie
We are
waiting.