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Slander

  • 05-11-2010 2:01pm
    #1
    Registered Users, Registered Users 2 Posts: 199 ✭✭


    Just wondering if somebody in the know can give me a quick rundown on what exactly qualifies as Slander and how difficult is it to prove?


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    http://en.wikipedia.org/wiki/Defamation

    Slander is a spoken defamation and libel is a written defamation.

    Generally the plaintiff only needs to prove that the defamation was made. It also needs to be something which would lower your reputation in the eyes of right-minded people.

    The plaintiff does not have to prove the the defamation is a lie. It is up to the defendant to show that it is true.


  • Registered Users, Registered Users 2 Posts: 199 ✭✭ascuteasabutton


    seamus wrote: »
    http://en.wikipedia.org/wiki/Defamation

    Slander is a spoken defamation and libel is a written defamation.

    Generally the plaintiff only needs to prove that the defamation was made. It also needs to be something which would lower your reputation in the eyes of right-minded people.

    The plaintiff does not have to prove the the defamation is a lie. It is up to the defendant to show that it is true.


    Ok cheers for that ! :)


  • Posts: 0 [Deleted User]


    There's no difference between slander and libel anymore. It's all just defamation these days.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Is there not a requirement in many ( but not all cases ) to prove a loss arising from the slander ?


  • Closed Accounts Posts: 4,556 ✭✭✭Nolanger


    Are there any famous slander cases in Ireland?


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


    delancey42 wrote: »
    Is there not a requirement in many ( but not all cases ) to prove a loss arising from the slander ?

    Not any more, s. 6 of the 2009 act


  • Closed Accounts Posts: 3,768 ✭✭✭almostnever


    seamus wrote: »
    http://en.wikipedia.org/wiki/Defamation

    Slander is a spoken defamation and libel is a written defamation.

    Generally the plaintiff only needs to prove that the defamation was made. It also needs to be something which would lower your reputation in the eyes of right-minded people.

    The plaintiff does not have to prove the the defamation is a lie. It is up to the defendant to show that it is true.

    The plaintiff also has to prove that they're identified in the defamatory statement. :)


  • Posts: 0 [Deleted User]


    Nolanger wrote: »
    Are there any famous slander cases in Ireland?

    The most famous Irish slander case is an English case. Reynolds v Independent Newspapers.

    There was a book released not so long ago about famous libel and slander cases starting with Oscar Wilde and moving up to the present day. Worth a look if you can find it but the name escapes me now.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The most famous Irish slander case is an English case. Reynolds v Independent Newspapers.

    That wasn't a slander case!


  • Registered Users, Registered Users 2 Posts: 179 ✭✭rainyrun


    hi
    what is this
    Not any more, s. 6 of the 2009 ac


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  • Posts: 0 [Deleted User]


    Jo King wrote: »
    That wasn't a slander case!

    Under the Defamation Act they're all the same, I don't even bother remembering the differences these days :D

    (and yes I know, qualified privilege etc)

    I think it was the Times group now I think of it rather than the Independent though.


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


    rainyrun wrote: »
    hi
    what is this
    s. 6(5) Defamation Act 2009
    http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0006.html#sec6
    (5) The tort of defamation is actionable without proof of special damage


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Under the Defamation Act they're all the same, I don't even bother remembering the differences these days :D

    (and yes I know, qualified privilege etc)

    I think it was the Times group now I think of it rather than the Independent though.

    It was before the Defamation Act, which does not have retrospective effect. It wasn't an Irish case either. It was heard in London.


  • Posts: 0 [Deleted User]


    The most famous Irish slander case is an English case. Reynolds v Independent Newspapers.
    Jo King wrote: »
    It was before the Defamation Act, which does not have retrospective effect. It wasn't an Irish case either. It was heard in London.

    Eh...yeah I know.

    I was actually making the point that I don't care if it was libel or slander as, effectively, there is no difference here.

    I never even suggested the Act had retrospective effect.

    When I wrote the original post I was eating my lunch and wasn't really paying attention. I apologise for my lack of crystal clarity in all my meaning.


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