Defamation is the communication of a statement, whether private or public, which is adversely reflective on the name or reputation of another. Claims for defamation can arise in many forms including newspaper articles, internet libel, magazine publication and the spoken word itself. Morgan McManus Solicitors will aim to protect our client’s reputation and privacy either pre-publication or post-publication.
For a statement to be defamatory the following three elements must exist:
– It must be published (in that it must be communicated to a third party)
– It must refer to the complainant and
– It must be false
The law on Defamation is currently governed in the Republic of Ireland by the Defamation Act 2009, and in Northern Ireland by the Defamation Act (Northern Ireland)1955. The law allows an action to be brought against the publisher of a defamatory statement. It is important to bear in mind however there are a number defences available for a Defendant Defendant Also known as the Respondent , the defendant is the party who is sued in a civil law action. to argue in response to an action in defamation including justification, privilege, publish interest, fair comment and apology.
Morgan McManus advise in particular on:
- Libel and slander
- Breach of confidence/privacy
- Reporting restrictions
- Contempt of court
- Press complaints
- Pre-publication work
Defamation law is a specialised area of law and requires a strategic approach and an in-depth knowledge of the area. Please contact our office and arrange an appointment with one of our Solicitors who will advise you of your legal rights.