defamation Flashcards
what is political expression?
Making your voice heard is important especially when it come to politics. The most powerful force in politics are those who are willing to express their opinions.
what does article 40.6.1 of the constitution state ?
Article 40.6.1. of the Irish Constitution says that the State guarantees the right of citizens to express freely their convictions and opinions.
what does article 40.6.1 go on to say ?
The Article goes on to say that, because of the importance of educating public opinion, the State will try to ensure that the organs of public opinion such as the radio and the press keep their right to liberty of expression, but they shall not be used to undermine public order, morality or the authority of the State.
what does Article 10 (1) of the European Human Rights Convention say ?
“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas, without interference by public authority and regardless of frontiers.”
what is absolute privilege ?
where the defendant is totally protected in respect of any statements which he may make irrespective of motive or knowledge. (members of the government)
explain the defence of absolute privilege ?
Absolute privilege is a complete defence to an action for defamation . If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff.
describe the burden of proof in irish defamation law ?
The burden of proof in irish defamation law is guilty till proven otherwise.
The Act has now shifted the burden of proof from the plaintiff to the defendant to prove the truth of a defamatory statement. The defendant is guilty till he proves himself otherwise
why was section 26 of the act designed ?
This section is clearly designed to provide a defence for publishers who show that they acted bona fide and that the publication was fair and reasonable having regard, in particular, to the matters set out in section 26(2) of the 2009 Act.
what does it mean , if a statement is privileged?
If a statement is privileged, a potential plaintiff has no cause of action. There are two types of privilege: absolute privilege and qualified privilege. In the case of absolute privilege, the intentions of the publisher are irrelevant.
what is the defence of qualified privilege
The defence of qualified privilege permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else.
when is the defence of qualified privilege available ?
The defence of qualified privilege is available where for the common good it is felt that uninhibited expression should be allowed.
what does the defamation act provide ?
The Defamation Act also provides qualified privilege for reports of the proceedings of certain foreign organisations (such as the Court of Justice of the European Communities), copies of entries in public registers and notices, without the necessity to correct or explain such reports.
when is qualified privilege granted
Qualified privilege is also granted for reports of certain public meetings, organisations and bodies (such as local authorities and tribunals) “subject to explanation or contradiction”. In these cases, the publisher will lose the privilege if he fails to amend or clarify an erroneous statement.
