Defamation

Defamation Claim


 

Traditionally, defamation was the publication of a false statement which caused a person to be subject to ridicule or contempt. That definition has given way to a more modern one, and now a claim for defamation, can arise through a statement which tends to lower the reputation, or which creates a negative image of the subject in the eyes of right-thinking people.

Defamation – Your Rights

A claim for defamation can arise in many ways, through the spoken word, including broadcast media such as TV and radio, through the press or a magazine article, and in our modern era of communication, through electronic media such as blogs, internet articles and even twitter.

The right to ones good name is protected under the Irish constitution, and the new Defamation Act 2009 came into force on the 1st January 2010, which introduced many significant changes to defamation law and claim procedures.

Defamation comes in several forms, including, calumny, slander, vilification and libel.

Defamation – Your Reputation

The value of your reputation cannot be overstated, because a damaged reputation can cause all kinds of difficulties that can seriously affect your working life and your families quality of life.

For example, in business, your company or individual reputation inevitably precedes you, and if it inspires respect, a lot of your work is done for you before you arrive to a meeting, or utter a single word. A reputation often takes many years to build, but can be destroyed in moments by careless or inaccurate communication.

Defamation – Your Claim

Making a claim for defamation can be a complex matter, requiring expert judgement and sensitivity. For example do you simply want your good name cleared, or do you feel you should be compensated for the damage to your reputation? In certain cases going too far to protect your name can in itself have a negative impact.

The first step is to quickly ensure you receive the best advice about whether you have a valid claim and the best way to to go about making your claim. The fact that you are looking for the best way to handle your claim means that
we can offer you the perfect solution, because we have expertise in all areas of defamation law.

Have I a viable case? – Preparing for your call to us

Please consider these vital requirements before you call us:

1) Any defamation action will be costly and should therefore only be considered if the person or body who has made the statement has the financial means to pay you damages and costs in the event the action is successful. If not, you could be left with a hefty legal bill despite winning your case.

2) To take an action you must know precisely what has been said or publicised about you. It is not sufficient for alleged unknown remarks to have been made. We will need the exact content from you in order to ascertain if a defamation has transpired.

3) The publication of any remarks about you should have been relatively wide. For example if a derogatory comment was made directly to you and possibly overheard by a couple of people this will not usually be sufficient grounds for defamation.

4) You cannot sue for defamation if the remarks made about you are largely true. For example if you were publicly accused of being involved in criminal activity but do in fact have previous criminal convictions then you could not win your case.

If you think you may have a case the easiest next step is to call our free advice line, without obligation.

If you cannot speak to us now, simply fill in the contact form to the left or right of this page to request a call from us at a time that is convenient for you.

What to expect?

When you call us, you will be put through to a solicitor who is very experienced in dealing with defamation claims. They will listen to you as you tell them about your potential case in complete confidence.

They can normally tell you quickly, if your claim is worth pursuing, the likelihood of your succeeding. The result of the call is advice about what you should consider doing next.