The Defamation (Amendment) Bill 2014 (“the Bill”) has recently been published by the Oireachtas with the aim of limiting the damages certain public bodies may receive in defamation actions. This is to protect against public bodies using the resources of the State and the powers granted to them by the Defamation Act 2009, to influence comments by the media and public in general.
The recent draft of the Bill provides for amendments to three sections of the Defamation Act 2009 - those being sections 12, 13 and 31.
Section 12 of the Principal Act currently applies to a body corporate which may bring a defamation action under the Act in respect of a statement about it that it claims is defamatory. This is regardless of whether or not it has incurred or is likely to incur financial loss as a result of the publication of that statement.
The proposed amendment in the Bill provides that while a body corporate may still bring a defamation action as outlined in the 2009 Act, if the body corporate is a public body as defined under subsection (3), the court will not consider an award for general damages in a defamation action in excess of €1.
For the purposes of the Bill, a public body could be a state department, entities established or appointed by the Government or by a Minister amongst others.
In relation to appeals, Section 13(1) of the Bill now provides that the Supreme Court may (where the plaintiff is not a public body as defined) substitute for any amount of damages awarded to the plaintiff by the High Court such amount as it considers appropriate or where the plaintiff is a public body substitute for any amount of damages awarded to the plaintiff of up to €1 in addition to any other order that it deems appropriate to make.
Section 31 of the 2009 Act sets out the various guidelines the court will have regard to in respect of an award of damages . The Bill adds in an additional paragraph to this Section which provides for where the plaintiff is a public body and the limits which apply in such a case to general damages which attach to defamation proceedings taken by such public bodies.
We will keep watch on how this develops in the Oireachtas and the impact that it will have on the legislation which is currently in place.
The recent draft of the Bill provides for amendments to three sections of the Defamation Act 2009 - those being sections 12, 13 and 31.
Section 12 of the Principal Act currently applies to a body corporate which may bring a defamation action under the Act in respect of a statement about it that it claims is defamatory. This is regardless of whether or not it has incurred or is likely to incur financial loss as a result of the publication of that statement.
The proposed amendment in the Bill provides that while a body corporate may still bring a defamation action as outlined in the 2009 Act, if the body corporate is a public body as defined under subsection (3), the court will not consider an award for general damages in a defamation action in excess of €1.
For the purposes of the Bill, a public body could be a state department, entities established or appointed by the Government or by a Minister amongst others.
In relation to appeals, Section 13(1) of the Bill now provides that the Supreme Court may (where the plaintiff is not a public body as defined) substitute for any amount of damages awarded to the plaintiff by the High Court such amount as it considers appropriate or where the plaintiff is a public body substitute for any amount of damages awarded to the plaintiff of up to €1 in addition to any other order that it deems appropriate to make.
Section 31 of the 2009 Act sets out the various guidelines the court will have regard to in respect of an award of damages . The Bill adds in an additional paragraph to this Section which provides for where the plaintiff is a public body and the limits which apply in such a case to general damages which attach to defamation proceedings taken by such public bodies.
We will keep watch on how this develops in the Oireachtas and the impact that it will have on the legislation which is currently in place.
Katie Nugent
Brophy Solicitors
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