Libel & Defamation

Defamation occurs where a false statement is published about a person which tends to lower that person in the eyes of right-thinking members of society. Defamation is a generic term which encompasses both slander and liable.

Slander is a defamatory statement made in a transient form i.e. orally.

Libel is a defamatory statement which is written or in permanent form.

The following would be examples of defamatory statements;

• Where someone is wrong accused of being sexually promiscuous
• Where someone is wrongly accused by say a store security guard of committing a theft offence
• Where someone is wrongly accused of being a sympathiser with terrorism
• To wrongly suggest that a NightClub proprietor encouraged or turned a blind eye to the sale of drugs in his/her premises.

The above are just some examples of defamatory statements and most are in fact examples from leading Irish case law on the subject. The list is not intended to be exhaustive but just illustrative.

This is a complex area of law and one which clients will require specialist legal advise both as plaintiff (the wronged party) and defendant (the person/newspaper) accused of spreading the falsehoods.