The Law of Defamation in Ireland is Governed by European Law: Business And Legal Aspects Of TV Production Assignment, UCC, Ireland

QUESTION

The law of defamation in Ireland is governed by European law, the Constitution, common law, and the Defamation Act 2009. The Defamation Act 2009 which repeals the Defamation Act 1961, and which was in force until the first day of 2010, now governs all claims of defamation arising since the commencement of the new legislation.

Defamation has traditionally been divided into two forms: libel and slander. Historically, libel was the written form of defamation, while slander was the spoken form. The advent of modern technology has made those definitions obsolete. The 2009 Act abolished the separate torts of libel and slander and replaced them with the ‘tort of defamation’.

With reference to case law discuss the ingredients which must be present for an actionable case of the tort of defamation and outline and discuss the statutory defenses to defamation in Ireland and critically discuss the remedies available to a claimant.

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