Defamation Definition

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GLOSSARY

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What does Defamation mean?

A portmanteau term covering both libel and slander.

A defamatory statement is one which is untrue and which tends either (a) to lower a person in the estimation of right thinking members of society generally; or (b) to expose a person to hatred ridicule or contempt; or (c) to disparage a person in his or her office, profession, calling, trade or business. In order to give rise to liability in tort, the statement must also be published to someone other than the person to whom it relates.

General

A portmanteau term covering both libel and slander.

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Defamation—practical aspects

This Practice Note deals with the practical aspects of bringing a defamation claim such as: identifying a defamatory statement; determining whether the statement is libel or slander; and the suitability of interim relief. It considers the impact of the Defamation Act 2013 (DA 2013) on claimants and defendants and includes tactics on the procedural aspects of a defamation action.Defamation Act 2013Before the implementation of the DA 2013, defamation actions acquired a reputation for technicality and disproportionate expense, largely because of the central focus on the meaning of defamatory statements. The government reacted to a groundswell of adverse media comment that English defamation law was too claimant-friendly by enacting DA 2013, which introduced a number of reforms making defamation a tortious action based equally on common law and statute, and abolished several common law defences through codification.Further readingYou may wish to refer to Duncan and Neill on Defamation (fifth edition, 2020) available subject to subscription. Was the statement defamatory and did it identify the claimant?At common law, a defamatory statement is...

Social media and user-generated content

Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...

Discover our 5 Practice Notes on Defamation

Ireland—Letter of claim: newspaper report

This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...

Ireland—Website acceptable use policy

This Precedent website acceptable use policy (also known as an AUP) governs how a user may gain access to and use a website. It is part of a suite of precedent terms which govern the use of a website, the supply of goods and services, privacy and the use of cookies. It should not be used for businesses in regulated industries (eg those regulated by the Central Bank of Ireland (CBI)). Nor is it suitable for entities included on the register of designated relevant online services pursuant to S139J of the Broadcasting Act 2009 (as amended) (Ireland) (BA 2009 (IRL)). This Precedent is drafted on the basis that the acceptable use policy will be supplemental to the website terms and conditions of use. Links to this policy should be included in the website terms and conditions of use and also wherever there is functionality on the website that allows the user to contribute material, such as comment threads, reviews or chatrooms. Online Safety Regime Ireland’s system of online safety regulation...

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