Libel?

Rasmus

I have a question which I don't know if it possible to answer without the full circumstance, but here we go anyway.

If someone has accused someone else of quite a serious crime and communicated it to a third party (in writing), then reported it the Gardai, does the accused have any comeback, rights etc? (If there was no evidence, just hearsay). I just need opinions, not legal advice.

THANKS!

Predalien

If the report to the police was made in good faith then no, for public policy reasons it is important that there are no barriers that would put people off reporting possible crime.

Kosseegan

Predalien wrote: »

If the report to the police was made in good faith then no, for public policy reasons it is important that there are no barriers that would put people off reporting possible crime.

The communication to the Garda only, is privileged. The communication to the Third Party is not. If it is not true then an action would lie.In the case of the Garda, only bona fide communications are privileged. malicious complaints are not.

Predalien

Kosseegan wrote: »

The communication to the Garda only, is privileged. The communication to the Third Party is not. If it is not true then an action would lie.In the case of the Garda, only bona fide communications are privileged. malicious complaints are not.

He edited his original post after I replied, adding in the communication to the third party, the original post only made reference to a complaint to the Gardai.

Tom Young

The experts!

Seek legal advice.

Rasmus

Tom Young wrote: »

The experts!

Seek legal advice.

What do you mean by 'the experts' ? I am looking for opinions from regular people. Is it against the forum charter? I read it before posting - have I misunderstood it?

Tom Young

No you haven't.

Trust nothing you read online.

Any case is best dealt with by means of 'in person' and professional legal advice.

I know you're seeking opinions. Be careful not to rely on everything you read.

....

By way of example:

I might tell you to sue based on the above, without realising that absolute and qualified privilege attaches to certain types of communications, as raised by one responder above, etc.

Rasmus

Tom Young wrote: »

No you haven't.

Trust nothing you read online.

Any case is best dealt with by means of 'in person' and professional legal advice.

I know you're seeking opinions. Be careful not to rely on everything you read.

....

By way of example:

I might tell you to sue based on the above, without realising that absolute and qualified privilege attaches to certain types of communications, as raised by one responder above, etc.

Of course. There isn't even enough info provided for anyone to offer an educated comment. I am wondering about the basics of libel law here, especially compared to the U.S. Thanks for your reply.

Tom Young

Basics: The 2009 Defamation Act is the best place to look. Also, there is a book on Defamation called Journalists and the Law by Judge Yvonne Murphy, which is an excellent guide to same.

This is an extremely complex area of law, and we no longer have libel here. Slander and libel were officially merged to now be defamation under the 2009 Act.

Tom

Rasmus

Thanks.

Rasmus

Tom, can absolute privilege apply in a case where allegations have been made by a party in the course of initial proceedings presided over by a person acting as a judge, but before it reaches circuit court?

Tom Young

That depends on the context. If it's some form of interlocutory application, yes.