Defaming spouses

edgal

Hypothetical question:

If one spouse defames another person to their spouse then its not defamation because they're treated as one person.
But if a third party defames a spouse to the other spouse then is this classified as defamation ?
Is this a double standard....?

ResearchWill

I wonder does the Defence of non publication between spouses survive the 2009 Act. As it was an Absolute Privilage and I don't think it's mentioned in the Act. Section abolishes all decencies except those contained in Statute. To be honest I have not given this much thought but at first reading I think the Defence is gone.

edgal

ResearchWill wrote: »

I wonder does the Defence of non publication between spouses survive the 2009 Act. As it was an Absolute Privilage and I don't think it's mentioned in the Act. Section abolishes all decencies except those contained in Statute. To be honest I have not given this much thought but at first reading I think the Defence is gone.

I think that the 2009 act covers spousal communication as privileged under s17.

But if they are treated as one 'person' and therefore no third party is present when they defame others between themselves, then will they be treated as separate if a person were to defame e.g. the wife to her husband, or will they remain one 'person' in this scenario and therefore no publication would occur ...?

ResearchWill

edgal wrote: »

I think that the 2009 act covers spousal communication as privileged under s17.

But if they are treated as one 'person' and therefore no third party is present when they defame others between themselves, then will they be treated as separate if a person were to defame e.g. the wife to her husband, or will they remain one 'person' in this scenario and therefore no publication would occur ...?

The law was set by case law, the LRC report sets out the history. I have looked at section 17 (maybe I'm half blind and hung over) but I can't see where section 17 covers spouse communications. Section 17 sets out what is now absolute Privilage so anything excluded must under section 15 be excluded as a Defence.

http://www.lawreform.ie/_fileupload/Reports/rDefamation.htm

Tom Young

I'd argue common and constitutional law protections.

Victor

Most people don't fully believe their spouses anyway.