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Sander or Libel in Ireland

  • 21-12-2013 8:40pm
    #1
    sqooka
    Registered Users, Registered Users 2 Posts: 90 ✭✭


    Hi all, just wondering if anyone knows how slander and libel work in Irish law? If you state something as opinion, for example, by saying "I think" is that then either one? What also if you subsequently retract it?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Defamation Act


  • #3
    chops018
    Registered Users, Registered Users 2 Posts: 2,458 ✭✭✭chops018


    Slander and Liber were abolished by the 2009 Act that BePolite has kindly linked you to above.

    It is all known as Defamation now.

    Have a read through an up to date Tort Law book, or maybe find some articles online via google, if you're in college try find some online journals on the matter.


  • #4
    sqooka
    Registered Users, Registered Users 2 Posts: 90 ✭✭sqooka


    Thanks for that. From what I can gather anything would have to "published", as in made available to more than 1 third party. So I'm guessing that private communications, even if they are in written or text form, are not counted?


  • #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    sqooka wrote: »
    Thanks for that. From what I can gather anything would have to "published", as in made available to more than 1 third party. So I'm guessing that private communications, even if they are in written or text form, are not counted?

    Only one third party. That third party could even be snooping on a private message.


  • #6
    sqooka
    Registered Users, Registered Users 2 Posts: 90 ✭✭sqooka


    Sorry, I thought I'd deleted that! But I gather that there has to be intent, or at least "recklessness" in allowing the third party to see the information


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  • #7
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    sqooka wrote: »
    Thanks for that. From what I can gather anything would have to "published", as in made available to more than 1 third party. So I'm guessing that private communications, even if they are in written or text form, are not counted?


    "(2) The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person), and “ defamation ” shall be construed accordingly."

    A private communication can be defamation unless it comes under one of the defences. And defamation can involve just one person receiving the communication.


  • #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    sqooka wrote: »
    Sorry, I thought I'd deleted that! But I gather that there has to be intent, or at least "recklessness" in allowing the third party to see the information

    As a simple example I write a letter to Mr. a where I accuse the said Mr. A of being a thief. There is no publication as I have told a Mr. A and no third party I can not defame a person to himself. But say I write those words on a post card to his work then I must be aware that there is a chance that a third party would read the postcard, so defamation.


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