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Defences to defamation (Justification - true statement (Innuendo (must…

- - - - all courts and tribunals
      - coroners - no absolute privelege Desmond v Riordan
      - newspapers - fair and accurate - if outside of court no immunity Lynam v Gowing
    - - Fayed v Al-Tagin - immunity attaches to internal embassy memo
    - - utterances in either house
      - reports of utterance
      - parliamentary committees
      - official reports and publications
  - - - Kirkwood v Tierney - anger and aggression not malice
      - Pyke v Hibernian bank recklessness or negligent conduct not malice
      - Coleman v Keanes shop assistant follow plaintiff to regain goods or payment - not privilege (not to prosecute theft)
    - - Hartery v Welltrade - Gardai investigation of alleged blackmailing
      - Todd v Hawkins- father warning daughter about man intended to marry
      - Kirkwood Hackett v Tierney - student received grant for UCD (if didn't repeat), met with UCD President, bursar present - defamatory statements made - privilege applied - duty to make full inquiry into grant -Bursar reciprocal interest
      - Sommerville - employer warned employees about associates
    - - Hartery v Welltrade communication to law society by solicitor about another
      - McCormack v Olsthoorn - protecting property in crowded market place
      - Nevin v Roddy rebuttal in Newspaper by person criticised at public meeting
- - - - extent which plaintiff's version given same prominence or attempt to obtain response
      - seriousness of allegation - context and content
      - distinction drawn between fact and suspicions
      - attempt to verify assertions
- - - - no duty to report
      - give license to print libel
      - not real public interest
- - - - no defence if intention to injure plaintiff
      - clear dishonest belief in veracity of statement defeats defence
      - subjective view of critic accepted by court
      - Foley v Independent newspapers failed to state all relevant facts
    - - matters relating to government and administration of state
      - artistic and literary works submitted to public for approval