The decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) demonstrates that, on the question of the liability of internet intermediaries for defamatory posts on their platforms, an important part of the answer is provided by application of the defence of innocent publication provided in section 27 of the Defamation Act 2009 (also here). Continue reading
The International Forum for Responsible Media Blog
Category: Ireland (Page 4 of 8)
The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Continue reading
At the Irish Centre for European Law’s Privacy and Data Protection Conference on 1 July 2016 (programme pdf) in the Royal Irish Academy, many interesting themes were explored. I want in this post to pick up on one of them, relating to damages for infringement of data protection rights. Continue reading
Today is World Press Freedom Day. The UN/UNESCO Declarations on Promoting Independent and Pluralistic Media were adopted on 3 May 1991, at a seminar on Promoting an Independent and Pluralistic African Press, held in Windhoek, Namibia, from 29 April to 3 May 1991. Continue reading
Before Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice. Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News |Irish Times). Continue reading
On 18 December 2015 the Attorney General, Máire Whelan, called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice (Irish Independent |Irish Times | RTE). Continue reading
The Guinness Storehouse claims to be Ireland’s most popular tourist attraction. As the city is out of the running to become European Capital of Culture, 2020 (a title it last held in 1991), and as the Web Summit is moving to Lisbon from next year, tourist attractions like the Storehouse are probably glad to know that Dublin seems to be taking London’s mantle as Capital of Defamation, as the destination of choice for libel tourists seeking a congenial jurisdiction in which to bring a defamation action. Continue reading
The Court of Appeal decision in Google Inc v Vidal-Hall [2015] EWCA Civ 311(27 March 2015) (Dyson MR and Sharp LJ in a joint judgment; McFarlane LJ concurring), affirming the judgment of Tugendhat J (at[2014] EWHC 13 (QB) (16 January 2014)), is a very important decision on damages for invasion of privacy, and it raises significant questions about the correctness of Feeney J’s reasoning in the earlier Irish case of Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013). Continue reading
In general, what is said in court proceedings is protected by absolute privilege. In Ireland this is placed on a statutory footing by s. 17(2) of the Defamation Act 2009. Privilege is not only attached to oral testimony but also to affidavits and documents produced in the course of a hearing. Continue reading
A lot has been said about the new Defamation Act. Some have welcomed it as the dawn of a new era for freedom of expression, others as a likely to lead to the suppression of genuine claims. Regardless of what people think, it is the new law, and as a new law that has not yet been tested in England and Wales, one can only hypothesise as to what the results may be. Continue reading
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