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Defamation question

  • 24-07-2018 6:56pm
    #1
    ooter
    Registered Users, Registered Users 2 Posts: 3,299 ✭✭✭


    Hypothetically speaking, if someone has been defamed and the person in question doesn't want to take action, can his/her parents take action on their behalf?


Comments

  • #2
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    No.

    If this person is a minor then the parents could issue. If this person is of age then no, the parents cannot take action.


  • #3
    Miaireland
    Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    Are they a minor?


  • #4
    ooter
    Registered Users, Registered Users 2 Posts: 3,299 ✭✭✭ooter


    Miaireland wrote: »
    Are they a minor?
    The statement/allegation is in connection to an incident that happened 5/6 years ago, at that stage the person in question was a minor but not now.


  • #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ooter wrote: »
    The statement/allegation is in connection to an incident that happened 5/6 years ago, at that stage the person in question was a minor but not now.

    Nothing the parents can do so. Is the person over 19 now?


  • #6
    ooter
    Registered Users, Registered Users 2 Posts: 3,299 ✭✭✭ooter


    4ensic15 wrote: »
    Nothing the parents can do so. Is the person over 19 now?

    Yes.
    The parents have been made aware of allegations being made verbally against their child, the person who heard it is willing to give evidence. The person the allegation was made against wants to let it lie but the parents want to take legal action to put a stop to it.
    Sounds like there's not a lot they can do..


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  • #7
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    There's nothing they can do. They have not been defamed. The person who has been defamed is an adult and can make their own decision about whether to sue.


  • #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If the person is over 19 they are too late in any event. Defamation proceedings must be initiated within 1 year. there is the possibility of an extension for another year but given that it happened more than 2 years ago there is little likelihood of getting the extension.


  • #9
    ooter
    Registered Users, Registered Users 2 Posts: 3,299 ✭✭✭ooter


    4ensic15 wrote: »
    If the person is over 19 they are too late in any event. Defamation proceedings must be initiated within 1 year. there is the possibility of an extension for another year but given that it happened more than 2 years ago there is little likelihood of getting the extension.

    The incident happened more than 2 years and was dealt with at the time but this new statement/allegation occurred last month and relates to the original incident, same person making the same allegation.
    Thanks for the replies lads, good info


  • #10
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    If the allegation is of a particular nature, bringing a defamation action is almost always a bad idea, whether you're in time or not.

    At this moment in time, the people who know about the allegation are probably not numerous, a small few. Once a defamation action is brought, the media will be all over it and at that point, everyone knows about the allegation. Even if you succeed in your defamation action, you have probably done more damage to your reputation by bringing the action than if you'd done nothing.

    It's something that's now known widely as the Streisand effect but it has always been of paramount concern to advisors for potential plaintiffs in a defamation claim.

    Although the law might be in your favour, the court of public opinion doesn't care about that and will often adjudge things very differently and by different standards, such as "there's no smoke without fire" in place of "innocent until proven guilty" etc.


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