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Tag: Cearta.ie (Page 1 of 3)

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

United States: The legal basis of $170m fine on Google for YouTube’s infringement of children’s privacy – Eoin O’Dell

The media was recently full of stories that Google had been “Fined $170 Million for Violating Children’s Privacy on YouTube” (that’s a headline from the New York Times; see also, for example, NPR | BBC | RTÉ | Silicon Republic). In this post, I want to sketch the legal background to, and consequences of, this fine; and, at the end, I will say a few words about the equivalent position in Europe. Continue reading

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

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). Continue reading

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