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Can a referee be defamed?

  • 28-04-2014 06:02AM
    #1
    doublej
    Registered Users, Registered Users 2 Posts: 133 ✭✭


    It seems to be a frequent occurrence that commentators, reporters and columnists in all media formats make observations about referees and their ability to do their task.Is there a possibility that a referee could sue for defamation even though there were no allegations of corruption but "only" assertions of general incompetence?


Comments

  • #2
    No Pants
    Closed Accounts Posts: 3,346 ✭✭✭No Pants


    The big problem that I see with such a claim is that the comments are generally based around video evidence.


  • #3
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    You are entitled to an honest opinion and to voice that opinion on a persons performance.


  • #4
    doublej
    Registered Users, Registered Users 2 Posts: 133 ✭✭doublej


    Little CuChulainn wrote: »
    You are entitled to an honest opinion and to voice that opinion on a persons performance.

    In February 2013,the Irish Daily Mail used the "honest opinion" defence against an action by Denis O'Brien. The jury accepted the defence that the journalist believed what was written but found that the belief was not based on fact and awarded Mr O Brien €150,000.

    If a referees assessor or governing body choose not to sanction a referee for a performance that has been castigated as inept by commentators then my question stands,could the referee sue for defamation?


  • #5
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    doublej wrote: »
    In February 2013,the Irish Daily Mail used the "honest opinion" defence against an action by Denis O'Brien. The jury accepted the defence that the journalist believed what was written but found that the belief was not based on fact and awarded Mr O Brien €150,000.

    If a referees assessor or governing body choose not to sanction a referee for a performance that has been castigated as inept by commentators then my question stands,could the referee sue for defamation?

    He could sue. Whether he would win depends on if the jury believes the opinion was an honest one based on the circumstances or if they believe that it was speculation.


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