By financen | June 13, 2019 - 4:06 am - Posted in Law, Legal
defamation

From ancient times, people have tried to understand the nature of injurious or defamatory statements that are made known to the public or third parties. Defamation laws seek to address defamation claims so that issues can be settled in court. This guide will be help to those seeking the services of Dublin solicitors.

What is Defamation?

Defamation is described as the communication of a false statement (untrue information) about a person, group, or organization which can affect the subject’s reputation negatively. It is also called calumny, traducement, or vilification in some other parts of the world. Read more about that here.

There are several things that a person must prove in order to establish a statement as defamatory. The basic principle for being regarded as “not guilty” is when all the statements have been proven to be factual. There are some other situations where the law may permit the said defamatory statement. Some laws protect against statements which are misleading, but not technically false.

Slander and Libel

Defamation is seen as the general term used internationally. It is used in cases where the differentiation between slander and libel is not necessary. Sometimes, slander may be published. The essential differentiation between slander and libel is based on what form the defamatory statement was published.

Slander is the spoken form of this offence, while libel is written. Under common law, the statement being tagged as defamatory has to be generally false. It must also have been communicated to someone else, that is, a third party. The individual that commits such an offence may be called a “slanderer”, “libeler”, or “defamer”.

A statement is slanderous when it is a publication containing sounds, gestures, spoken words, sign language, or other fleeting forms. On the other hand, libelous statements have to be in the form of pictures and printed words.

Read more about that here: https://www.thebalancesmb.com/defamation-libel-and-slander-462650

defamation

The Law in Ireland

In Ireland, the law seeks to balance the society’s rights to discuss matters of relevance, while safeguarding a person’s constitutional right to a good name and reputation. Freedom of Speech is considered a very important right in the country. A libel claim can be triggered by a statement which tends to spoil the reputation of the subject.

The Defamation Act of 1961 was effective for almost half of a century along with the basal principles of the common law of tort. The Defamation Act of 2009 came into effect in January 2010 and was meant to annul the Defamation Act of 1961. It protects the interests of individuals.

This Act represents important changes in Irish law, as many were of the opinion that the law attached little significance to the freedom of the media in the past. On the other hand, it gave more value to the individual’s right to a good reputation. The Act is limited to a one-year period, but it can be extended to another year in exceptional situations.

Hiring a Dublin Solicitor

Whether you are seeking to defend yourself against a libel claim or you want to seek redress against someone that you feel has ruined your reputation by publicizing an untrue statement, what you need to do is to get the right solicitors.

The right defamation solicitors in Dublin will be able to evaluate the strength of your case and discuss the possibilities. They would have the necessary expertise and experience as regards every aspect of the Irish Defamation Law. These cases require expert advice because the wrong move can backfire and bring more unwanted publicity.

You need to weigh your options as regards your budget because these cases can be quite expensive. If you feel that the financial burden will be too heavy, you may want to reconsider. Your solicitor will guide you on this.

Other aspects that are very important to the case include:

  • Availability of evidence.
  • The financial state of the defendant.
  • The question of actual damage to your reputation.
  • The third-party.
  • The inclusion of the claimant’s identity in the statement.

With this guide, you will be able to know the right steps to take when making a defamation claim or defending yourself against one. The key to getting a win is having the right solicitors by your side.

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