Social Media Defamation

Defamation

10 August 2018

If your character has unjustifiably been attacked on Facebook, Twitter or LinkedIn, you have the right under the Defamation Act 2009 to claim for defamation on social media in Ireland, and take legal action to defend your reputation and to recover damages for any “adverse event” you have experienced.

Your right to take legal action is not limited to unjustifiable attacks on your character on Ireland´s three most popular networking sites. If you have been libelled on any social media site or forum, you are equally entitled to make claims for defamation on social media.

Ahead of Making Claims for Defamation on Social Media

Ahead of making claims for defamation on social media in Ireland, there has to be physical evidence that your character was attacked. If you have only heard from a friend or colleague that somebody posted, tweeted or published defamatory comments about you, and you have no evidence to support claims for defamation on social media, any legal action you initiate is unlikely to be successful.

Furthermore, in order to successfully make claims for defamation on social media, it has to be shown that you, your family or your business suffered an adverse event as the result of the defamatory comments. If, for example, a tweet attacking your character was deleted soon after being tweeted, and its exposure would have been minimal, there may not have been a sufficiently severe adverse event to warrant taking legal action.

Recent “social media” defamation decisions in the Circuit Courts

A number of recent Circuit Court decisions have seen up to €80,000 awarded in damages.

One such case came before Monaghan Circuit Court and involved an allegedly defamatory item on Facebook which suggested that the national director of Ireland’s game shooting body had caused the organisation to go “broke”.

A Co Monaghan man had posted the item on Facebook on or about 22 December 2015, and was ordered to pay €75,000 in damages.

In awarding the maximum allowable damages, the Judge commented that his order should teach people posting messages on the social media site to be very careful.

A similar case before Carrick-on-Shannon Circuit Court concerned a publication on a Facebook page by the defendant on August 22, 2016. The message written about the claimant was in relation to money that had gone missing in the 1980s and 90s. In awarding €65,000 damages plus legal costs, the Judge noted that it was a “particularly nasty defamation” of the claimant with very devastating effects for him.

Have you been the victim of social media defamation?

The Irish Claims Board provide a panel of experts who assess cases on merit. Our team is on hand to provide you with a detailed assessment of your case, including whether the circumstances give rise to a viable claim and the level of damages you should expect to receive.

If you believe you’re entitled to claiming compensation for an attack on your character, we invite you to contact us and discuss the nature of the attack today by completing our Online Enquiry Form.

Follow us for the latest updates & news

Recent News

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Catriona Crumlish v Health Service Executive – Court of Appeal

On Oct. 15th, The Court of Appeal upheld the High Court decision against Caitriona Crumlish in her claim against Letterkenny University hospital. The plaintiff alleged that there was a failure to detect and diagnose breast cancer in May 2017 resulting in an alleged...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...