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Defamation Act 2009

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Number 31 of 2009


DEFAMATION ACT 2009


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Definitions.

3. Saver.

4. Repeal.

5. Review of operation of Act.

PART 2

Defamation

6. Defamation.

7. Amendment of certain enactments.

8. Verifying affidavit.

9. Imputation.

10. Defamation of class of persons.

11. Multiple publication.

12. Defamation of a body corporate.

13. Appeals in defamation actions.

14. Meaning.

PART 3

Defences

15. Abolition of certain defences.

16. Truth.

17. Absolute privilege.

18. Qualified privilege.

19. Loss of defence of qualified privilege.

20. Honest opinion.

21. Distinguishing between allegations of fact and opinion.

22. Offer to make amends.

23. Effect of offer to make amends.

24. Apology.

25. Consent to publish.

26. Fair and reasonable publication on a matter of public interest.

27. Innocent publication.

PART 4

Remedies

28. Declaratory order.

29. Lodgment of money in settlement of action.

30. Correction order.

31. Damages.

32. Aggravated and punitive damages.

33. Order prohibiting the publication of a defamatory statement.

34. Summary disposal of action.

PART 5

Criminal Liability

35. Abolition of certain common law offences.

36. Publication or utterance of blasphemous matter.

37. Seizure of copies of blasphemous statements.

PART 6

Miscellaneous

38. Limitation of actions.

39. Survival of cause of action on death.

40. Agreements for indemnity.

41. Jurisdiction of courts.

42. Malicious falsehood.

43. Evidence of acquittal or conviction.

44. Press Council.

SCHEDULE 1

Statements having Qualified Privilege

PART 1

Statements Privileged Without Explanation or Contradiction

PART 2

Statements Privileged Subject to Explanation or Contradiction

SCHEDULE 2

Minimum Requirements in Relation to Press Council


Acts Referred to

Civil Liability Act 1961

1961, No. 41

Civil Liability and Courts Act 2004

2004, No. 31

Commissions of Investigation Act 2004

2004, No. 23

Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997

1997, No. 17

Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976

1976, No. 10

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Courts Act 1991

1991, No. 20

Courts of Justice Act 1924

1924, No. 10

Defamation Act 1961

1961, No. 40

European Communities Act 1972

1972, No. 27

Irish Takeover Panel Act 1997

1997, No. 5

Statute of Limitations 1957

1957, No. 6

Tribunals of Inquiry (Evidence) Acts 1921 to 2004

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Number 31 of 2009


DEFAMATION ACT 2009


AN ACT TO REVISE IN PART THE LAW OF DEFAMATION; TO REPEAL THE DEFAMATION ACT 1961; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[23rd July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: