Defamation – Page 5

All four jurisdictions in Great Britain and Ireland have engaged in reforming defamation law over the last decade. The Republic of Ireland and England and Wales have already enacted new Defamation Acts, while the Northern Irish and Scottish Law Commissions are currently working on reform proposals. Indeed, the Irish Law Reform Commission has recently been invited by the Attorney General to consider a very net issue relating to defamation law and court reporting.

Against this backdrop, the Private Law Discussion Group in the School of Law, Trinity College Dublin, will host a public event on defamation law reform in Great Britain and Ireland, from 17:30 to 19:00 on Friday 1 April in Neill Theatre, Trinity Long Room Hub, Trinity College Dublin (map).

The group is delighted to welcome Dr Eric Descheemaeker (pictured above left), of the School of Law, University of Edinburgh, who will examine selected provisions of the Irish Defamation Act 2009 (also here) against the wider background of defamation reform in the British Isles. The common substrate of these four systems makes it especially interesting to compare their approaches on a number of issues. Dr Eoin O’Dell, of the School of Law, Trinity College Dublin, will then respond to the issues raised in Dr Descheemaeker’s analysis.…

Court reports and defamation

2 February, 201630 March, 2016

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| 2016-17 Reform, Defamation, Open Justice

Before Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice.

Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News | Irish Times).

A spokesperson for the Law Reform Commission told Irish Legal News:

I can confirm that a referral by the Attorney General has recently been made to the Commission pursuant to section 4(2)(c) of the Law Reform Commission Act, 1975 [also here] to examine and research matters relating to defamation law and court reporting.

The Irish Times adds that Prof Donncha O’Connell, Head of the School of Law at NUI Galway and a Commissioner at the Law Reform Commission, will head up the examination.

It is a fairly narrow issue; and if, after consultations, the Commission concludes that there is indeed a case for reform of the law of defamation as it relates to court reporters, then it will require only a small number of amendments to the Defamation Act 2009 (also here) to achieve it.…

Reform of defamation – 1 – court reports

19 December, 201514 September, 2020

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| 2016-17 Reform, Defamation, Open Justice

The Attorney General, Máire Whelan, yesterday called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice (Irish Independent | Irish Times | RTE). She made her call as part of her comments marking the retirement of the outgoing President of the High Court, Mr Justice Nicholas Kearns. Rather predictably, an Irish Independent editorial praised her “timely and insightful address” and her “welcome and refreshing” observations, bemoaned “telephone number” legal fees and “massively punitive” damages awards, and argued that a “review of defamation laws is long overdue”.

A long-running review of defamation was concluded by the Defamation Act, 2009 (also here), which came into force on 1 January 2010. Section 5 (also here) of the Act provides

(1) The Minister shall, not later than 5 years after the passing of this Act, commence a review of its operation.

(2) A review under subsection (1) shall be completed not later than one year after its commencement.

According to the definitions in section 2 (also here), the Minister in question is the Minister for Justice and Equality. Although the deadline in section 5 has passed, a review does not yet seem to have been commenced.…

Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice?

16 November, 201518 November, 2015

| 3 Comments

| Defamation, ECHR, Freedom of Expression

The Guinness Storehouse claims to be Ireland’s most popular tourist attraction. As the city is out of the running to become European Capital of Culture, 2020 (a title it last held in 1991), and as the Web Summit is moving to Lisbon from next year, tourist attractions like the Storehouse are probably glad to know that Dublin seems to be taking London’s mantle as Capital of Defamation, as the destination of choice for libel tourists seeking a congenial jurisdiction in which to bring a defamation action.

This is according to a new report from Thomson Reuters (see press release (via Inforrm’s blog) | The Guardian | The Independent | The Times (sub req’d) | Irish Legal News). Thomson Reuters have published research in the past about the numbers of defamation cases in London, arguing that the number of defamation cases against media groups halved in the five years from 2008/09 to in 2012/13, and that the UK’s Defamation Act, 2013 would bring further changes to the UK’s legal landscape. It is unsurprising, then, that their most recent report continues this theme. The headline on the press release for the report is that the number of defamation cases has fallen by a third in the last year; and a sub-head explains the drop by reference to the impact of the 2013 Act.…

And the dance goes on

30 October, 201215 March, 2013

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| Defamation, prior restraint

In my previous post, I discussed a temporary injunction obtained by music promoter David Kavanagh to prevent the sale of Melanie Verwoerd‘s memoir When We Dance. The book charts her Afrikaner upbringing, her marriage to the grandson of an architect of apartheid, her anti-apartheid involvement with the African National Congress, her time as South African ambassador to Ireland and as head of UNICEF Ireland, and her relationship with celebrity DJ Gerry Ryan until his unexpected death on the night of 29 April 2010.

When the matter was due to return to the High Court, Laffoy J was told that it had been settled on the basis of a statement which would be read out in court and would be inserted as an erratum slip into the books when they go on sale (see Irish Independent | Irish Times).

The statement said that Ms Verwoerd was happy to acknowledge that Mr Kavanagh was and remained a good friend of Gerry Ryan, that it was to Mr Kavanagh that Gerry turned for help shortly before his untimely death, and that Mr Kavanagh had indicated he would help in whatever way he could to alleviate the financial pressure on Gerry.…

When we dance to the High Court for an injunction

10 October, 201215 March, 2013

| 3 Comments

| Defamation, prior restraint

I have written before on this blog about prior restraints and temporary and permanent injunctions in defamation cases. Not long after the South African Constitutional Court effectively outlawed prior restraint in that jurisdiction (see Print Media South Africa v Minister of Home Affairs [2012] ZACC 22 (28 September 2012); blogged here), I learn that Gilligan J in the High Court in Ireland has today granted temporary injunctions to prevent the sale of a memoir written by the South African partner of a deceased celebrity Irish DJ (cover left):

Gerry Ryan biography will not go sale after court challenge
Melanie’s book on Gerry Ryan pulled off shelves in court row
Melanie memoir pulled from shelves
Publication of Gerry Ryan book delayed pending court action
Publication of Verwoerd book on Ryan restrained
Verwoerd book put on hold following court hearing
Verwoerd book put on hold following court hearing

Given the parties involved, it is unsurprising that there is intense media interest in the case. However, the legal issues are interesting too. Section 33 of the Defamation Act, 2009 (also here) provides:

(1) The High Court … may, upon the application of the plaintiff, make an order prohibiting the publication or further publication of the statement in respect of which the application was made if in its opinion—
(a) the statement is defamatory, and
(b) the defendant has no defence to the action that is reasonably likely to succeed.

…

Fighting anonymity with anonymity: open justice and cyberbullying

4 October, 201216 May, 2013

| 5 Comments

| Defamation, Open Justice, Privacy

Say you are a 15-year old girl. What would you do if you find a fake Facebook profile which contains a photograph of you, a slightly modified version of your name and other particulars which identified you, which discusses your physical appearance and weight in derogatory terms, and which includes scandalous sexual commentary about you? First, you’d contact Facebook, to have the fake profile taken down and to identify the IP address associated with it. Facebook take safety and security very seriously, especially where minors are concerned, and once they have verified the cyberbullying, they will no doubt be quick to help you out. Once you have the IP address, you can identify the relevant ISP, and ask them to reveal the names of the users associated with it, perhaps to identify potential defendants for an action in defamation or invasion of privacy. But what if Facebook or the ISP decline, and require you to get a court order before they give you that information. At this point, you run into a problem. Since justice is administered in public, you will have to disclose your identity and the facts surrounding the cyberbullying if you are to succeed in your claim against the Facebook or the ISP.…

Declaration of the Committee of Ministers of the Council of Europe on “Libel Tourism” & Freedom of Expression

15 August, 201216 November, 2015

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| Defamation, Freedom of Expression, Libel tourism

From the Declaration of the Committee of Ministers on the Desirability of International Standards dealing with Forum Shopping in respect of Defamation, “Libel Tourism”, to Ensure Freedom of Expression, adopted by the Committee of Ministers on 4 July 2012 at the 1147th meeting of the Ministers’ Deputies:

13…. the Committee of Ministers:

– alerts member States to the fact that libel tourism constitutes a serious threat to the freedom of expression and information;

– acknowledges the necessity to provide appropriate legal guarantees against awards for damages and interest that are disproportionate to the actual injury, and to align national law provisions with the case law of the Court;

– undertakes to pursue further standard-setting work with a view to providing guidance to member States.

via wcd.coe.int

…

cearta.ie

Category: Defamation

Defamation Reform in Great Britain and Ireland: A Comparative Analysis

Court reports and defamation

Reform of defamation – 1 – court reports

Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice?

And the dance goes on

When we dance to the High Court for an injunction

Fighting anonymity with anonymity: open justice and cyberbullying

Declaration of the Committee of Ministers of the Council of Europe on “Libel Tourism” & Freedom of Expression