The issue in this case is that Sean Smiley has been defamed. The question arises as to whether Sean Smiley has been defamed by Joe King and Brenda O’Leary. Each citizen in the State has a constitutional right to preserve his ‘good name’ under article 40.3.2.[1] This is protected by legislation confirmed by the Defamation Act 2009[2]. Section 6.2 of the act defines defamation as;
“The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person)”. [3]
The legislation states that the defamatory statement must be published to a third party and not the person who has been defamed. Clearly, Sean Smiley was only defamed by Joe King and not Brenda O’Leary.
A defamatory publication can be made in different ways such as orally, in writing, images, sounds, broadcast on radio/television, published on the internet or by electronic communication. [4] In this case the publication was made orally. In order for Sean Smiley to make and succeed a claim against Joe King, he must prove that the defamatory statement is false. In the Supreme Court case of Leech v. Independent Newspaper[5], the respondent was awarded damages for a defamatory article published in the Independent Newspaper. The newspaper published that the respondent was having an affair with a government minister which was proven to be untrue. The appellant argued that this would have a detrimental effect of the newspaper’s right to freedom of expression. This was not a satisfactory defence. This is an important case for Sean Smiley to use as precedent because the statement was proven to be untrue. If Sean Smiley can prove that the statement is false, he can take a claim against Joe King and will be awarded damages by the court.
[1] Article 40.3.2˚.
[2] Defamation Act 2009.
[3] Defamation Act 2009, ss. 6(2)
[4] Terry Gorry Solicitor,’ Defamation Law in Ireland-the essentials of Defamation Act, 2009’ (2 March 2017) < https://www.youtube.com/watch?v=iSnXSUAqzHU> accessed 13 February 2020.
[5] Leech v Independent Newspaper [2014] IESC 79
Anna's Blog 