26 Mar Making a defamation claim
Every citizen has the right to protect their reputation and character. Our right to a good name is guaranteed by the constitution and protected by the state. But sometimes this right can clash with someone else’s right to freedom of expression. Here, it is the role of defamation legislation to find a balance between these two rights. As leading experts in Irish defamation law, Ferrys Personal Injury Accident Solicitors can help you when your reputation is a risk.
What is defamation?
A defamatory statement is one that lowers a person or company’s reputation in the eyes of reasonable people. To be considered defamatory, a statement has to be:
- False
- Published
- About a specific person – their name can be used explicitly or their identity can be implied
Defamation cases usually arise when mainstream media outlets publish a false statement. They can come up when a journalist’s right to freedom of speech conflicts with someone else’s right to a good name. Though, sometimes cases occur where a publication has defamed someone by accident.
Defamation Act 2009
Defamation has always been a complicated area of law but with modern technology changing the media landscape and impacting the way we communicate, the law has continued to grow in complexity.
In 2009, new defamation legislation came into law and it covers false statements which are written, spoken, broadcast, or published online. This allows individuals and companies to protect their reputation on the internet, as well as within traditional media outlets.
However, the statute of limitation is now only one year. So if you’ve been defamed, seek out legal advice as soon as possible.
Discuss your case with Defamation Solicitors in Dublin today
Whether you’re in need of mediation or court proceedings, our team has the skills to achieve the best result for you. Each defamation case is unique and our solicitors can discuss solutions such as retractions, apologies, compensation and, where possible, preventative measures to protect your reputation. If you have been defamed and wish to take a case against the publication responsible, get in touch with Ferrys Solicitors LLP today.