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Libel

  • 23-10-2009 11:31pm
    #1
    staredad
    Closed Accounts Posts: 9 ✭


    Alri Im hopin to do law, Ive read up on a few things, but I have a question with Libel.. regarding libel if the statement of what was said was true what happens? I know a person can sue but can't win, am I right? Anyone know where I could get a few stuff online regarding law in Ireland to give me a better understanding of what Im getting myself into (hopefully) next year.

    Cheers in advance.


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Specifically re libel, a statement is defamatory only if untrue and damaging to reputation. Therefore if it is true, it is not defamatory. Further, if portions are true and others are untrue but the true portions are clearly very damaging to reputation then that would be a defence as well.

    Try www.courts.ie for lots of texts of judgments of the courts. http://www.bailii.org is also very good.


  • #3
    Ceartgoleor
    Closed Accounts Posts: 123 ✭✭Ceartgoleor


    Has anyone seen the book being advertised today in the Irish independent, http://www.independent.ie/national-news/de-valera-was-a-british-spy-1924389.html

    The basic premise of the book, written by an American historian, is that Eamon de Valera was a British spy who turned following his 1916 internment.

    The reason I bring this up is on the issue of libel. I know you cannot libel the dead, but wasn't there a case recently (a couple of years maybe) where a woman won compensation because a newspaper published a statement claiming her murdered son had been a drug dealer? This was supposed to have been a complete break from precedent in the common law world but surely could have a potential impact in situations like this.

    I understand the reasons for a prohibition on actions libelling the dead, but at the same time it seems wrong that simply because someone is dead that they can be written about practically with impunity doesn't it?


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


    Hilliard -v- Penfield Enterprises Ltd [1990] Irish Reports at 138 and the case of Murray & Gibson -v- The Commission to Inquire into Child Abuse & Others [2004] 2 Irish Reports at 222 and is to the effect that there is no right to defend the reputation of a deceased person and hence no such right can be exercised by anyone on behalf of a deceased person. Lawlor -v- Members of Tribunal Inquiry into certain planning matters [2007] IEHC 139 is more recent.


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