Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Libel/Slander/Defamation

  • 01-03-2008 7:19pm
    #1
    Usjes
    Registered Users, Registered Users 2 Posts: 326 ✭✭


    Hi, I would like to know if, in the Irish legal system, it is permissible to say anything about anyone as long as it is explicitly stated as an opinion ? e.g. "In my opinion, politician X is a lying thieving scumbag." I have read online that Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable, and I am curious to know if this is the case in the Irish system. Intuitively, I would have thought that this was the case, ie. the statement is undeniably factually accurate, unless someone could prove that that was not your opinion. Anyone know for certain ? Thanks, Usjes.


Comments

  • #2
    Profiler
    Registered Users, Registered Users 2 Posts: 1,327 ✭✭✭Profiler


    To the best of my knowledge you can't use the word allegedly to cover up what you say.

    For example if you said that in your opinion allegedly politician X is a lying thieving scumbag, then you are liable for those comments... unless you say it under Parliamentary privilege in [SIZE=-1]Dáil Éireann :rolleyes:
    [/SIZE]


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Usjes wrote: »
    Hi, I would like to know if, in the Irish legal system, it is permissible to say anything about anyone as long as it is explicitly stated as an opinion ? e.g. "In my opinion, politician X is a lying thieving scumbag." I have read online that Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable, and I am curious to know if this is the case in the Irish system. Intuitively, I would have thought that this was the case, ie. the statement is undeniably factually accurate, unless someone could prove that that was not your opinion. Anyone know for certain ? Thanks, Usjes.

    I don't believe him - is a statement opinion
    He is a liar - no matter how you couch it, is an assertion of fact.

    Genuinely held opinions, if they cast a negative light on someone, will not necessarily be defamatory. However, to say "In my opinion, someone is a lying, theieving scumbag" is not an expression of a genuinely held opinion, it is an attempt to mask allegations of fact as opinion.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Profiler wrote: »
    To the best of my knowledge you can't use the word allegedly to cover up what you say.

    For example if you said that in your opinion allegedly politician X is a lying thieving scumbag, then you are liable for those comments... unless you say it under Parliamentary privilege in [SIZE=-1]Dáil Éireann :rolleyes:
    [/SIZE]

    Newspapers regularly say that it is alleged that person X committed such a crime, etc. There, the stated fact is the allegation, not that the person committed the crime. If charges have been brought against someone, then it is true to say that it is alleged [those charges].


Advertisement