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Number 31 of 2009
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DEFAMATION ACT 2009
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement.
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2. Definitions.
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3. Saver.
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4. Repeal.
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5. Review of operation of Act.
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PART 2
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Defamation
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6. Defamation.
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7. Amendment of certain enactments.
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8. Verifying affidavit.
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9. Imputation.
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10. Defamation of class of persons.
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11. Multiple publication.
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12. Defamation of a body corporate.
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13. Appeals in defamation actions.
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14. Meaning.
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PART 3
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Defences
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15. Abolition of certain defences.
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16. Truth.
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17. Absolute privilege.
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18. Qualified privilege.
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19. Loss of defence of qualified privilege.
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20. Honest opinion.
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21. Distinguishing between allegations of fact and opinion.
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22. Offer to make amends.
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23. Effect of offer to make amends.
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24. Apology.
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25. Consent to publish.
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26. Fair and reasonable publication on a matter of public interest.
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27. Innocent publication.
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PART 4
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Remedies
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28. Declaratory order.
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29. Lodgment of money in settlement of action.
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30. Correction order.
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31. Damages.
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32. Aggravated and punitive damages.
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33. Order prohibiting the publication of a defamatory statement.
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34. Summary disposal of action.
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PART 5
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Criminal Liability
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35. Abolition of certain common law offences.
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36. Publication or utterance of blasphemous matter.
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37. Seizure of copies of blasphemous statements.
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PART 6
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Miscellaneous
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38. Limitation of actions.
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39. Survival of cause of action on death.
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40. Agreements for indemnity.
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41. Jurisdiction of courts.
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42. Malicious falsehood.
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43. Evidence of acquittal or conviction.
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44. Press Council.
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SCHEDULE 1
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Statements having Qualified Privilege
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PART 1
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Statements Privileged Without Explanation or Contradiction
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PART 2
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Statements Privileged Subject to Explanation or Contradiction
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SCHEDULE 2
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Minimum Requirements in Relation to Press Council
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Acts Referred to
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Civil Liability Act 1961
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1961, No. 41
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Civil Liability and Courts Act 2004
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2004, No. 31
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Commissions of Investigation Act 2004
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2004, No. 23
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Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997
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1997, No. 17
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Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976
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1976, No. 10
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Courts (Supplemental Provisions) Act 1961
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1961, No. 39
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Courts Act 1991
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1991, No. 20
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Courts of Justice Act 1924
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1924, No. 10
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Defamation Act 1961
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1961, No. 40
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European Communities Act 1972
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1972, No. 27
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Irish Takeover Panel Act 1997
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1997, No. 5
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Statute of Limitations 1957
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1957, No. 6
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Tribunals of Inquiry (Evidence) Acts 1921 to 2004
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Number 31 of 2009
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DEFAMATION ACT 2009
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AN ACT TO REVISE IN PART THE LAW OF DEFAMATION; TO REPEAL THE DEFAMATION ACT 1961; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
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[23rd July, 2009]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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