Defamation Act 2009

PART 3

Defences

Abolition of certain defences.

15.— (1) Subject to sections 17 (1) and 18 (1), any defence that, immediately before the commencement of this Part, could have been pleaded as a defence in an action for libel or slander is abolished.

(2) In this section—

“ defence ” shall not include a defence under—

(a) statute,

(b) an act of the institutions of the European Communities, or

(c) regulations made for the purpose of giving effect to an act of the institutions of the European Communities;

“ European Communities ” has the same meaning as it has in the European Communities Act 1972 ;

“ statute ” means—

(a) an Act of the Oireachtas, or

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution.