There are a number of reasons why a person’s reputation is very important, and every individual has a right to protect their good name. And this right to each individual is protected by Irish Defamation Law. A person’s reputation can be negatively affected if someone publicises their opinions in such a way that it comes across as a defamatory statement violating their right to freedom of speech or freedom of expression.
Statute of Time Frame Limitations
Am I too late to bring a claim?
You must file for your defamation claim in the time frame respective to your case. According to the defamation Act 2009, the time frame for filing for defamation claim is 1 year. Therefore you must bring defamation proceedings forward for legal advise within the given time frame.
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Has there been actual damage to your reputation?
Due to the right of freedom of speech in Ireland, if a person claims that a statement about them is defamatory in nature, the person making the claim must know how to prove it. Furthermore, it is important to understand how a defendant should defend a case. The best way to approach this situation is to seek out legal advice from a defamation solicitor on how to go about making a claim.
On the other hand, slander refers to situations where a defamatory statement negatively impacts a person’s reputation is spoken as opposed to being published. Important note for the defamed person is that according to the Defamation Act 2009, has been redefined and combined into one term as ‘tort of defamation’ instead of referring them to as libel and slander.
According to the Defamation Act 2009, a defamatory statement can be written or spoken as follows:
The term libel refers to situations in which someone’s reputation is adversely affected by statements made online or offline. These situations can include types of publications like television, radio and internet.
If you are wondering what is the difference between slander and defamation, defamation occurs when someone’s reputation is damaged by a comment, statement, or publication. To further elaborate there are two common types libel and slander as explained above.
Social Media thrives on public opinions. Interestingly, the more controversial the topic is , the more people would want to get involved and give their opinions. You can broadcast your opinions on social media easily, but are your opinions and statements defamatory in nature if you are facing a defamation lawsuit? Think before you post anything on social media, because you might be damaging someone’s reputation.
Internet defamation cases that we are highly experienced in:
Contact a Defamation Solicitor
It is advisable to document the defamatory event or statement and record the details:
The compensation estimate for your case is difficult without consulting a defamation solicitor in Dublin or Ireland. The damages for defamation awarded may vary case to case basis.
General Damages – An individual may be entitled to non-financial damages as a result of defamatory statement or opinion like pain, suffering and emotional trauma.
Special Damages – Can result in an out-of-pocket expense. For example you could lose your earnings or potential earnings (if you are out of work).
Punitive Damages – Compensation can be claimed if the offender’s intent is to go public with the defamatory statement. If the offenders have done this in a reckless manner knowing well that it is a false statement.
Aggravated Damages – Is when an offender have aggravated injury to the defamed person. For example, when the person is humiliated or maltreated as a result.
What is defamation of character?
The person making the claim must be able to prove that the statement is defamatory and also prove defamation of character by:
Person who is filing for a defamation claim, it is important for them to know how their claim can be defended against by the person who it was filed against. There are particular ways set out by Defamation Act 2009, in which a claim can be defended against by a person, includes the following:
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WHAT IS THE MOST COMMON DEFENCE TO A DEFAMATION CLAIM?
The best defense against a defamation case (really against most things) is the truth. Truth is an absolute defense to defamation – if your statement was true, it cannot be the grounds for a successful defamation claim against you.
HOW TO MAKE A DEFAMATION COMPLAINT?
A lawsuit can be filed if you believe someone has made a defamatory statement about you. Defamation hearings in the High Court are sometimes held with a jury. You must generally make a claim within one year of the defamatory statement being issued.
WHO BEARS THE BURDEN OF PROOF IN A DEFAMATION CASE?
The burden in question here can also be characterised as the “presumption of falsity” burden – that is, a defamatory imputation is presumed to be false and the burden of showing that it is substantially true is upon the defendant.
WHAT IS THE LAW FOR DEFAMATION IN IRELAND?
You can take legal action against a person or corporation who makes a ‘defamatory statement’ to another person.
A defamatory statement is a statement that reasonable members of society would think damages your reputation. A statement is not defamatory if it is true or substantially true. For more visit the citizen information page on defamation.
Since the Defamation Act 2009, ‘defamation’ has replaced both ‘slander’ and ‘libel’.