Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Defamation/slander

  • 16-01-2013 4:17pm
    #1
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭


    Having read several posts about Defamation/slander and how they are now one and the same, and also the very first sticky about rules by hullaballoo, I am still unclear on something.

    Hypothetically of course, If I write a letter directly to you, and post it directly to you, accusing you of untruths, is this slander/defamation.

    I have read up that any allegation has to be uttered or printed - but what about a direct letter that was not made public?

    Can anyone enlighten me on this?

    Thanks everyone


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    superscouse wrote: »
    Having read several posts about Defamation/slander and how they are now one and the same, and also the very first sticky about rules by hullaballoo, I am still unclear on something.

    Hypothetically of course, If I write a letter directly to you, and post it directly to you, accusing you of untruths, is this slander/defamation.

    I have read up that any allegation has to be uttered or printed - but what about a direct letter that was not made public?

    Can anyone enlighten me on this?

    Thanks everyone

    No it has to be published to a third party. Third party can be one other person though you don't have to take an ad out in the Times.


  • #3
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    I can accuse someone of anything I like so long as no one else hears and it is not defamation. If one other person hears me I am liable for defamation.

    However there is a case on exactly the scenario you describe, A man wrote to another man making defamatory statements in the letter. The letter was opened and read in error by the intended recipient's brother who shared the same surname. The Auther was held to be liable for defamation as he was negligent in addressing the letter.

    Essentially the lesson is be very careful about writing down anything defamatory.


  • #4
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    What if the letter was opened by the correct recipient and then sellotaped to a big sign on oconnell st for all to see?

    Imagine I wrote a letter, on headed paper, accusing you personally, of x, y and z. Serious crap, career destroying stuff, and it was put up somewhere for everyone to see. Would this qualify.

    Hypothetically of course :D


  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    superscouse wrote: »
    What if the letter was opened by the correct recipient and then sellotaped to a big sign on oconnell st for all to see?

    Imagine I wrote a letter, on headed paper, accusing you personally, of x, y and z. Serious crap, career destroying stuff, and it was put up somewhere for everyone to see. Would this qualify.

    Hypothetically of course :D

    You need to publish it not him. But if he had a secretary...


  • #6
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    superscouse wrote: »
    What if the letter was opened by the correct recipient and then sellotaped to a big sign on oconnell st for all to see?

    Imagine I wrote a letter, on headed paper, accusing you personally, of x, y and z. Serious crap, career destroying stuff, and it was put up somewhere for everyone to see. Would this qualify.

    Hypothetically of course :D

    yes if he put it up on O'Connell Street, he would be the one doing the publication and you would be off the hook. But as the Procrastinator says if you sent it to his place of business and it was opened by his secretary you'd be liable.

    As I said its generally best not to go writing defamatory letters to people.


  • Advertisement
  • #7
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    valleyoftheunos wrote: »
    yes if he put it up on O'Connell Street, he would be the one doing the publication and you would be off the hook. But as the Procrastinator says if you sent it to his place of business and it was opened by his secretary you'd be liable.

    As I said its generally best not to go writing defamatory letters to people.

    this was the reason for a case between two solicitors a few weeks ago ...this exact scenario.


  • #8
    Strawberry Fields
    Closed Accounts Posts: 611 ✭✭✭Strawberry Fields


    Anyone know of any cases that were settled based on spoken word alone,
    not facebook,twitter,paper etc. I'd be interested in reading up if there has been any, particularily under new act?


  • #9
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Strawberry Fields wrote: »
    Anyone know of any cases that were settled based on spoken word alone,
    not facebook,twitter,paper etc. I'd be interested in reading up if there has been any, particularily under new act?

    Well its unlikely you will hear of any cases that settled at all as there are no judgments obviously and there might be some breach of confidentiality if someone was to tell you of one of their cases.

    If the question is whether speach alone is "publication" for the purposes of the 2009 Act, the answer is absolutely yes.


Advertisement