Defamation of Character

Every citizen of Ireland has the right “to protect his or her good name, character and reputation” as per the Irish Constitution,  (Bunreacht na hÉireann). However, within our Constitution every citizen also has the right to free speech. Therefore, differentiating between a defamatory statement and what is one simply expressing their opinion is left to the Courts to decide.

In order for one to successfully prove Defamation, three ingredients must exist,

  1. The Defamatory statement made must be published, that is heard or read by a third party.
  2. The statement must relate to a person expressly or by implication.
  3. The statement must be false.

The law in Ireland as per the Defamation Act 2009, allows one to sue for Defamation of character if a person spread a “false statement whether spoken, written, broadcast on TV or radio or published on the internet.” If one wants to bring a case against a person for Defamation of character, they must issue proceedings within one year of the Defamatory statement being made.

If you believe that you have been Defamed by way of a false statement made by a person, then contact Houlihan Solicitors to obtain professional legal advice.

 

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