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

15 01 2020

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. Read the rest of this entry »





Ireland: Damages for Data Protection Breaches 2, Why Murphy v Callinan is wrong – Eoin O’Dell

20 12 2019

In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Read the rest of this entry »





Ireland: Damages for Data Protection Breaches, 1: Why Collins v FBD Insurance is wrong (again) – Eoin O’Dell

19 12 2019

A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. Read the rest of this entry »





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

15 12 2019

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. Read the rest of this entry »





Ireland: The Government’s plans for a digital safety commissioner proceed apace – Eoin O’Dell

23 11 2019

In my earlier post on the demise of the UK’s current age-verification plans for online porn – and what that might mean for Ireland’s proposed Digital Safety Commissioner, I noted that long-standing Irish Government policy is to establish such a Commissioner, and that the current timetable is that it is intended to bring forward the necessary legislation before the end of the year. Read the rest of this entry »





The demise of the UK’s current age-verification plans for online porn and what that might mean for Ireland – Eoin O’Dell

19 10 2019

Earlier this week, in a written statement to the House of Commons, the UK’s Secretary of State for Digital, Culture, Media and Sport, the Rt Hon Nicky Morgan MP, announced the end of the UK’s controversial age-verification plans for online porn Read the rest of this entry »





Ireland: Denis O’Brien’s libel case against the Sunday Business Post should never have reached the High Court – Eoin O’Dell

10 03 2019

In last week’s Sunday Business Post (as trailed on the front cover, here; element right), I have an OpEd [doc] in which I argue that O’Brien’s case should never have reached the High Court, and that the Department of Justice needs to publish its review of the Defamation Act as soon as possible (you can download it below). Read the rest of this entry »





Statistics: Defamation claims in Ireland at an all time high, twenty times higher than the rate of claims in England and Wales

25 07 2018

The Annual Report of the Courts Service of Ireland [pdf] reveals that defamation claims are at an all time high, with 152 claims issued in the High Court and 135 claims issued in the Circuit Court, a total of 287. Read the rest of this entry »





Ireland: It’s time to abolish juries in defamation cases – Eoin O’Dell

29 09 2017

Libel cases in England and Wales are “better off without juries”, according to Sir Mark Warby, the High Court judge with responsibility for the Media and Communications List of the Queen’s Bench Division. Read the rest of this entry »





What is the current status of GDPR incorporation in the EU’s 28 Member States? – Eoin O’Dell [Updated]

8 08 2017

Having looked, in my previous post, at what Article 82(1) of the General Data Protection Regulation says and means in each of the EU’s 24 official languages, I’m interested in this post in the related question of the current status of incorporation of the GDPR in each of the EU’s 28 Member States. Read the rest of this entry »