Defamation Act 2009

dimples06

i'm researching an essay about defamation act in ireland and is there a fair balance between freedom of expression and keeping up someones reputation. a comparison of the old act and the new one that is comin into force.
Mostly in regards to media law?

any opinions??

Victor

Read the act? :pac:

dimples06

already read both and compared them, have most research done but wanna see others opinions incase i miss something obvious!

Tom Young

Well my couple of cents:

Go to title of Act - Part 2 & 4: Deals with the Right to Reputation & relevant remedies; and

Part 3: Deals with the Freedom of Expression aspects.

Important parts:

Defence's: Declaratory Relief; Summary Disposal and Correction Orders. Lodgment procedure changes also - Slightly

Freedom of Expression: Removal of Defences under Statute; Truth; Privilege; Absolute Privilege; Consent to Publication and Fair and Reasonableness test.

If I was you I'd look at Blasphemy in good detail, if for no other reason than its interesting. Corway case and also the new elements. Will it survive a Constitutional Challenge?

Tom

littlemac1980

Victor wrote: »

Read the act? :pac:

Have you any idea when this Act came into or is due to come into force?

Tom Young

It hasn't appeared in Iris Oifiguil as yet.

sadista

Hi there, anyone who disagrees with the aforementioned act which has now come into force is encouraged to read and sign an online petition here: http://www.petitiononline.com/asdf11/petition.html

Tom Young

The Act came into force on Jan 1.

dermot_sheehan

I wonder if the defence in McCormack v. Olsthoorn will be held to have been carried over by s. 18.

Also the circuit court now as a €50,000 limit for defamation cases. So shoplifting defamation cases (if McCormack v. Olsthoorn is held not to apply) would be able to claim up to €88,092 in the circuit court (€50,000 for defamation, and €38,092 for battery/false imprisonment)

Tom Young

gabhain7 wrote: »

I wonder if the defence in McCormack v. Olsthoorn will be held to have been carried over by s. 18.

Also the circuit court now as a €50,000 limit for defamation cases. So shoplifting defamation cases (if McCormack v. Olsthoorn is held not to apply) would be able to claim up to €88,092 in the circuit court (€50,000 for defamation, and €38,092 for battery/false imprisonment)

I think it has under Section 18, effectively codifying it.

Toogood v. Spyring [1834] 1 Cr M & R 181 still arises alot in the UK, which is the basis of/for common law qualified privilege.

I am not sure about the quantum maximums, was the award in McCormack 3.5K for an assault and false imprisonment = touch on the shoulder. If that's the baseline then we have some way to go to hit the proposed levels.

What will be interesting to see is what the Super Court will do with Leech in re. quantum appeal.

Being able to take the defamation actions in the Circuit is a good thing.

I am disappointed that we've missed an opportunity to deal with Internet issues in a more logical way, including something more sensible in relation to the accrual of a cause of action and indeed a sense of the amount of viewers in relation to the alleged defamation.

Tom

Tom Young

I was looking at the latest edition of Gatley last night and also have a copy of the Defamation Advisory Committee report to hand.

I can confirm that Section 18 and its intention was to Codify or place Toogood v. Spyring [1834] 1 Cr M & R 181, on a statutory basis.

Tom

The_Minister

sadista wrote: »

Hi there, anyone who disagrees with the aforementioned act which has now come into force is encouraged to read and sign an online petition here: http://www.petitiononline.com/asdf11/petition.html

:rolleyes:
So you think that a law making Blasphemy a crime is unconstitutional?
IT'S IN THE CONSTITUTION as a crime! Article 40.6.i

How can it be unconstitutional if it expressly endorsed by the Constitution?
In the very article you reference?

And you can't refuse to consent to a law brought in by the Oireachtas - you can disagree with it.

evercloserunion

dimples06 wrote: »

i'm researching an essay about defamation act in ireland and is there a fair balance between freedom of expression and keeping up someones reputation. a comparison of the old act and the new one that is comin into force.
Mostly in regards to media law?

any opinions??

Don't cite boards.ie

Tom Young

Yeah, I should amend the charter re: we don't do homework. But might negotiate if the hourly rate his high enough! ;0)

I think wikipedia is reinventing the law at the moment! - I've seen some pretty hairy definitions posted on there.

Message: Read the book!