The International Forum for Responsible Media Blog

Category: Ireland (Page 1 of 7)

Case Law, Ireland: Tallon v DPP, Political Expression, autonomous communication and anti-social behaviour orders – Eoin O’Dell

Loudhailer ASBOThe decision of Phelan J in Tallon v Director of Public Prosecutions [2022] IEHC 322 (31 May 2022) is a recent and important judgment on the scope of the free speech rights protected by Article 40.6.1(i) and Article 40.3.1 of the Constitution. It concerns the extent to which an anti-social behaviour order imposed pursuant to section 115(1) of the the Criminal Justice Act, 2006 (also here) can permissibly restrain constitutional free speech rights. Continue reading

The truth, pure and simple, as a defence to defamation claims after Depp v NGN in England and Ireland – Eoin O’Dell

The truth, as Oscar Wilde has Algernon Moncrieff remark to Jack Worthing in Act I of The Importance of Being Ernest, is rarely pure and never simple. Nowhere is this more evident than in a defamation courtroom. At common law, the defence of justification to a claim for defamation averred that the words complained of, in their natural and ordinary meaning, were true in substance and in fact. Continue reading

The Irish Government’s proposed Online Safety and Media Regulation Bill has a surprising omission – Eoin O’Dell

Last October and November, I sketched the evolution of the government’s proposals for a digital safety commissioner. Following a consultation process last Spring, and missing the deadline of the end of the year by a few weeks, they have published their proposals for the general scheme of the Online Safety and Media Regulation Bill. Continue reading

Ireland: Man wins ‘fleeting defamation’ case and is awarded €500, should the law of defamation really concern itself with such a trifle? – Eoin O’Dell

The latin maxim “de minimis non curat lex” is usually translated as “the law does not concern itself with trifles”, meaning the courts will not consider trifling matters. Christmas may be the time for trifles (like the Christmas trifle pictured right), but the Courts are not the place for them. Continue reading

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