Defamation on the Internet in Ireland
If you, your family, or your business have been libelled due to defamation on the Internet, you have the right under the Defamation Act 2009 to take legal action to repair the damage to your reputation and to recover compensation for any injury you have suffered.
However, making claims for defamation on the Internet in Ireland is a matter that requires sensitivity and expert judgement. There are also several factors that you need to consider before taking legal action to ensure that you have a claim for compensation that is worth your while to pursue.
In Advance of Making Claims for Defamation on the Internet
In advance of making claims for defamation on the Internet in Ireland, you need to have evidence that libellous comments about you, your family or your business were definitely published. If you have only heard via a third party that somebody wrote libellous comments about you, and you have no evidence to support a claim for libel, any legal action you pursue is likely to be unsuccessful.
It also has to be proven that you, your family or your business suffered an adverse event as the result of a negative blog, comment or social media post. If somebody has written something derogatory about you, but removed the comments soon after, the libellous publication may not have received sufficient exposure to support claims for defamation on the Internet.
Prior to taking legal action, you also need to be sure that the party you are suing has the financial means to pay any award of compensation made in your favour. If the party guilty of posting a negative blog, comment or social media post has insufficient resources to pay a settlement of compensation for defamation on the Internet, you may restore your reputation, but at the cost of substantial legal fees.
Settlements of Compensation for Defamation on the Internet
If you have sufficient evidence of libel, can prove that you, your family, or your business suffered an adverse event as a result, and the guilty party has sufficient resources to pay an award of damages, how much compensation for defamation on the Internet you are likely to receive will be influenced by a number of considerations.
The nature of the libel and the extent to which they caused you an injury will be the primary considerations taken into account by your solicitor, or by a jury if your claim is heard in court. How long it took to get the libellous comments removed or deleted will also influence how much compensation for defamation on the Internet you are likely to receive.
If the libellous comments were made by a person or persons with influence in your personal or business community, you may also be awarded punitive damages. An award of punitive damages is not calculated according to the considerations mentioned above, but is a financial deterrent to prevent the guilty party from repeating their libellous comments in the future.
Speak with a Solicitor for Defamation on the Internet Advice
In order to make successful claims for defamation on the Internet, a lot of pieces have to fall together. In certain cases this means that you may be able to restore your reputation through legal action, but might not be able to recover compensation.
To receive professional legal advice about making claims for defamation on the Internet, we invite you to contact us and discuss the nature of the libellous comments and the injury they have caused to you, your family or your business.
We will investigate the exposure of the libellous comments and the financial status of the party who published them, before advising you whether you have a claim for compensation for defamation on the Internet that may be worth your while to pursue.