Please enable JavaScript.

Coggle requires JavaScript to display documents.

Defamation - Coggle Diagram

- - - - s17 2009 act - protects executive and legislative branch (Dail, EU parliament, report on courts)
    - - s18 - common law position retained
      - if published to person who have a duty or interest in communicating - must be acting bona fide
      - s19 - can't be done with malice
        
        Clark v Molyneaux
      - Kearns v Bar Council told all barristers a law firm had no qualified solicitors, actually were solicitors - held - qualified privielge no malice and interest in receiving information
      - Journalist
        
        public interest
        
        Reynolds journalist could publish something untrue if of public interest - factors to consider - seriousness of info, urgency, if of public concern, source, steps taken to verify truth, tone, if sought comment from plaintiff, how allegations presented)
        
        Reynodls endorsed in Hunter v Duckworth
      - McCormack v Adrian Olsthoorn potential shoplifter, owner accused person of stealing tomato, untrue - held - qualified privilege (although should have inquired politlely(
      - Talbot v Hermitage Golf Club accused of lying about handicap, golf club had qualified privilege
      - Hyne O'Sullivan Irish medical assocation had no interest in receiving defamatory statement
      - defence a bit controversial as still publishing something untrue and someones reputation damaged
- - - - objective standard - reasonable
      - old standard - right thinking person
        
        Quigley v Creation
      - old standard
        
        *Berry v Irish Times denied allegation that informed on IRA, court held - helping police doesn't lower reputation in eyes of* right thinking members
        
        Byrne v Deane accused of giving tip to police, held- identification done but not defamatory - not tarnish in eyes of right thinking members
      - Cassidy v Daily Mirror picture and article of husband with another woman - defamatory as implied she wasn't married to man
      - give words everyday meaning
        
        Reynolds v Malocco tried to argued meant dictionary definition of gay, held - everyone aware associated with homosexuals
      - Tolley v Fry & Sons amateur golfer whose picture appears on chocolate bar - defamatory as implied not amateur
      - Glennon v Star position of photo beside article about maltreatment of horses - 20k settlement
      - Charleston photoshopped photos of celebrities explained in detail by article so not defamatory omany don't look beyond headlines
      - how things read important
        
        Chakravarti recognised many people only read headlines and photos
        
        Morgan v Odhams Press often skim read articles and may not notice inconsistent details
      - 2009 act s2- statement that tends to injure persons reputation in eyes of reasonable people
      - berkoff v burchill - actor called hideously ugly - held hip to ridicule and contempt- defamation
  - - - not defamation unless negligent
      - Paul v Holt letter sent to Mr Paul, knew more than one in the house - reckless or negligent - knew chance would be read by wrong person
- - - - end to jury trial
      - reducing costs and delays
      - more protection for public interest journalism - clearer
      - encouraging correction and apology
      - easier to get online service providers to disclose identiy of an anonymous poster