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Complaint to a regualtory body

  • 20-07-2009 1:30pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Can a person sue for defamation as the result of a complaint made to a government regulator. For example a complaint made about a TV program to the Broadcasting complaints commission. Could the contents of the complaint be used in a defamation action?

    Or would the complaint contain privileged information?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes is the straight answer. The defamation Bill has some new forms of declaratory reliefs can be achieved on foot of a positive finding of defamation but it's up to the affected party.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The Defense of qualified privilege could apply.

    Malice of course destorys qualified privilege,

    also some statutory bodies in the statutes creating them make complaints or reports of that body immune. For example section 8A of the Prevention of Corruption Act provides whistleblower protection for a person reporting corruption to an "appropriate person" (a garda on their superior)


  • #4
    derealbadger
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭derealbadger


    Bond-007 wrote: »
    Can a person sue for defamation as the result of a complaint made to a government regulator. For example a complaint made about a TV program to the Broadcasting complaints commission. Could the contents of the complaint be used in a defamation action?

    Or would the complaint contain privileged information?

    yes


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    gabhain7 wrote: »
    The Defense of qualified privilege could apply.

    Malice of course destorys qualified privilege,

    also some statutory bodies in the statutes creating them make complaints or reports of that body immune. For example section 8A of the Prevention of Corruption Act provides whistleblower protection for a person reporting corruption to an "appropriate person" (a garda on their superior)

    Indeed, this of course is correct. OPs query was whether or not a positive finding could result in proceedings. I think the answer is yes.

    My unclear point in relation to the new Bill is a preliminary remark based on the new relief of declaration.

    It would not preclude a party from initiation!

    Tom


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