Latest news with #DefamationAct2009
Irish Independent
01-06-2025
- Politics
- Irish Independent
Jim O'Callaghan plans to reform defamation legislation in aftermath of Gerry Adams's High Court victory
A law lecturer in Trinity College Dublin said no defence under Section 26 of the Defamation Act 2009 — which allows publishers to argue publication was fair and reasonable and in the public interest — has ever succeeded in this country. It comes as Gerry Adams was last week awarded €100,000 in damages after being defamed in a BBC documentary and news article. The jury last week rejected defences put forward by the BBC that the allegation was published in good faith and that it was fair and reasonable to do so. Section 26 of the Defamation Act 2009 outlines the possible defence of fair and reasonable publication, citing the need for the publication to be in good faith and for the public benefit. 'As our legal team made clear, if the BBC's case cannot be won under existing Irish defamation law, it's hard to see how anyone's could,' said the head of BBC Northern Ireland Adam Smyth, speaking after the jury's decision. Defamation reforms passed committee stage in the Dáil at the end of April and are being passed 'as a matter of priority' Eoin O'Dell, a law lecturer in Trinity College Dublin, said that no Section 26 defence has ever succeeded in this country. He said the Adams case 'shows how limited a defence it is for media'. He said the defence needs to be simplified, as had happened with defamation law in England. The Department of Justice confirmed that Jim O'Callaghan intends to bring forward an amendment 'to provide for a clearer and simpler defence of fair and reasonable publication in the public interest'. The Government has also promised to pass defamation law reforms with safeguards against strategic lawsuits against public participation, also known as SLAPP suits. Defamation reforms passed committee stage in the Dáil at the end of April, and are now being passed 'as a matter of priority', said the spokesperson at the Department. Sinn Féin sources this weekend said that even though they believe the former party leader's reputation has now been restored, he will not be running in the race for the Áras later this year. Sinn Féin members have been asked by party headquarters for their ideas on how the party should approach the presidential election.
Irish Examiner
22-05-2025
- Politics
- Irish Examiner
Defamatory posts about Michael Healy-Rae must be taken down, judge rules
A number of allegations on social media by a former Kerry general election candidate and activist about Michael Healy-Rae are to be taken down from social media and not repeated 'pending' trial of the matter, a court has ruled. The application for 'an interlocutory order' involving around a dozen social media posts by Michelle Keane, of Knocknagoshel, including video recordings and monologues which Mr Healy-Rae claims defamed him was ruled on by Judge Ronan Munro on Thursday morning. The statements concerned were defamatory, the judge ruled granting the interim order. The judge said he did not wish to silence Ms Keane, who was in the same political arena, but anything said about Mr Healy-Rae had to be responsibly verified and balanced. The ruling followed over an hour-long hearing of the motion on Wednesday at the Circuit Civil Court in Tralee. Judge Munro said his ruling did not mean Mr Healy-Rae cannot be criticised or held to account. 'But you can't make statements about him that are not responsibly verified,' he told Ms Keane, representing herself. 'Belief, even intense belief, in truth of statements is not the same as truth,' the judge said. Affidavits and 'a large volume of material', including page after page of social media comment, had been submitted in defence, the judge noted. Evidence Tere was no evidence of truth and the defence of honest opinion which had to be grounded on truth also fell, the court held during the hour-long ruling. There was 'no attempt to distinguish between suspicion, allegations, and facts', and the posts were ' utterly lacking in balance', the judge said. There was no attempt at reflecting the plaintiff's point of view, Judge Munro added. 'The order is based on evidence I have at this stage, pending full trial of the matter,' Judge Munro said. The order wasn't to take down everything in relation to Michael Healy-Rae. It's only defamatory matters Mr Healy-Rae complained in the court papers he received hate mail as a result of one of Ms Keane's posts of 'a fairly serious allegation', Judge Munro put it to Ms Keane. However, Ms Keane said Michael Healy-Rae was a public representative. 'He'd want to get over himself. I get hate mail. I don't go crying to mommy or daddy about it or to Kerry's Eye,' she responded to some laughter in court. Michelle Keane, of Knocknagoshel, agreed to take down the posts pending trial. File Picture: Valerie O'Sullivan She then held up a copy of this week's Kerry's Eye, stating she hadn't made page one or page three but made page six this week. 'She's in the same political arena, I am not going to make an order silencing her,' the judge told Mr Healy-Rae's counsel, Elizabeth Murphy. Injunction Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009. Ms Murphy, instructed by solicitor Dan O'Connor, told the court she was seeking 'an injunction to restrain publication of a most grave and serious nature'. The barrister said she was seeking an order 'to remove all posts accusing her client of illegality or immorality, and to stop doing it'. Michelle Keane agreed to take down the posts pending trial. She also asked Judge Munro: 'I can comment about Michael Healy-Rae and it's true?' Judge Munro said he had nothing against that, but cautioned her: 'Publish at your own peril. That's a rule for everyone.' Judge Munro, who at one stage described Ms Keane as an intelligent woman, said: 'I choose to be optimistic Ms Keane will co-operate in this process in respect of the ruling.' I know you don't agree. But I see you respect it A draft of the order regarding specific posts to be removed is being made, and Ms Keane "could not say things in another guise". She has seven days to take down the posts. Costs normally follow the event. However, Judge Munro said he was adjourning this to see the full situation to late June when the matter comes before the court again. Ms Keane said she is to appeal the matter to the High Court. Judge Munro said this was her right. The media cannot publish the allegations as part of the order.
Irish Examiner
22-05-2025
- Politics
- Irish Examiner
Gerry Adams' defamation case against BBC a 'cynical attempt to launder' his reputation, court told
Gerry Adams' defamation case against the BBC is a cynical attempt to launder a reputation he was in the Provisional IRA, and sat on its army counsel, a barrister has told the High Court. Paul Gallagher SC, for the BBC, made the remarks in his closing address to the jury in the former Sinn Féin leader's action. Mr Adams claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning British agent Denis Donaldson's killing at a cottage in Glenties, Co Donegal, in 2006. Mr Adams' lawyers argue his reputation is that of a 'peacemaker', and the allegation represents an 'unjustified attack' on his reputation. He insists he had no involvement with the death, for which dissident republicans claimed responsibility in 2009. The BBC denies it defamed Mr Adams. Mr Gallagher on Thursday told the jury the case was about Mr Adams's reputation, to be considered in deciding if the BBC acted fairly and reasonably in publishing the allegation, and — if the jury finds Mr Adams' was defamed — assessing damages to be awarded. The BBC argues the publication was fair and reasonable and in the public interest, a defence against a defamation action outlined in the Defamation Act 2009. This defence falls under a constitutional protection of free speech — the jury's decision may have consequences for freedom of expression, Mr Gallagher said. The broadcaster also says the Spotlight programme and related article did not mean the BBC said Mr Adams was responsible for sanctioning the murder of Mr Donaldson, that the claim was presented as an allegation. Mr Gallagher said the case was a cynical attempt by Mr Adams to "launder" his reputation. Counsel said Mr Adams was attempting to say his reputation is different to what he effectively acknowledged in evidence, that people have repeatedly said he was a member of the IRA and its army council. "You don't have to decide if he was in that position, this is about reputation," he said. Mr Gallagher said if you have a reputation of being in the IRA and on its army council — as, he said, Mr Adams does — that is the reputation you have. 'It's not just a label, it is a reality,' he said. 'Somebody can't shed that reputation and come into court and give evidence suggesting that it's not there, and present a picture of events that just ignores that reality,' he said. Mr Gallagher said the statements in the Spotlight programme were presented as an allegation, and should not be taken to mean — as Mr Adams pleads — that the BBC said he sanctioned the murder of Mr Donaldson. He said the words cannot be taken in isolation, but rather in the context of the programme. He said there could not be a situation where people in the media were afraid to speak, because of the consequence of being sued. Counsel said 'if we want the society that I believe all of us want', then we depend on the 'Jennifer O'Learys of the world' — referencing the journalist behind the programme — to have the courage and persistence to stand by what they have unearthed, and put before the public to form their own views. Mr Gallagher reiterated Ms O'Leary's evidence she had multiple sources corroborating the allegation against Mr Adams. He said the defence's assertion it was based on a single sources was 'completely wrong'. Mr Gallagher argued there was a strong public interest in the story. He said it was not a 'tittle-tattle story' of disputable public interest, and asked how the BBC could not have published the allegation. He said the story was motivated by good faith. 'This was done not to make an allegation against somebody for the sake of it,' he said.
RTÉ News
22-05-2025
- Politics
- RTÉ News
Posts about Healy-Rae to be taken down pending trial
A number of allegations on social media by a former general election candidate and activist about Kerry TD Michael Healy-Rae are to be taken down from social media and not repeated "pending" trial of the matter, a court has ruled. The application for "an interlocutory order" involving around six social media posts by Michelle Keane of Knocknagoshel, Co Kerry, including video recordings and monologues, which Mr Healy-Rae claims defamed him, was ruled on by Judge Ronan Munro this morning. The statements concerned were defamatory, the judge ruled, granting the interim order. The judge said he did not wish to silence Ms Keane but anything said about Mr Healy-Rae had to be responsibly verified and balanced. The ruling followed an over-hour-long hearing of the motion yesterday at the Circuit Civil Court in Tralee. Judge Munro said his ruling did not mean Mr Healy-Rae cannot be criticised or held to account. "But you can't make statements about him that are not responsibility verified," he told Ms Keane, representing herself. "Belief, even intense belief in truth of statements is not the same as truth," the judge said. Affidavits and "a large volume of material", including page after page of social media comments, had been submitted in defence, the judge noted. The judge had spent a number of hours reading the material. However, there was no evidence of truth and the defence of honest opinion, which had to be grounded on truth, also fell, the court held during the ruling. There was "no attempt to distinguish between suspicion, allegations and facts", and the posts were "utterly lacking in balance" and there was no attempt at reflecting the plaintiff's point of view, Judge Munro said of the posts. "The order is based on evidence I have at this stage, pending full trial of the matter," Judge Munro said. The order "wasn't to take down everything in relation to Michael Healy-Rae". "It's only defamatory matter," Judge Munro said. Mr Healy-Rae complained in the court papers that he received hate mail as a result of one of Ms Keane's posts of "a fairly serious allegation", Judge Munro said. However, Ms Keane said Mr Healy-Rae was a public representative. "He'd want to get over himself. I get hate mail. I don't go crying to Mommy or Daddy about it or to Kerry's Eye," she said. The judge said he did not want to silence Ms Keane, she had a right to speak provided it was responsibly grounded. "She's in the same political arena, I am not going to make an order silencing her," the judge told Mr Healy-Rae's counsel Elizabeth Murphy. Mr Healy-Rae's injunction was sought under Section 33 of the Defamation Act 2009. Ms Murphy, instructed by Killarney solicitor Dan O'Connor, told the court she was seeking "an injunction to restrain publication of a most grave and serious nature". The barrister said she was seeking an order "to remove all posts accusing her client of illegality or immorality and to stop doing it". Ms Keane agreed to take down the posts pending trial. She also asked Judge Munro can she "comment about Michael Healy-Rae and it's true?" Judge Munro said he had nothing against that but cautioned her. "Publish at your own peril. That's a rule for everyone," Judge Munro said. "I choose to be optimistic Ms Keane will cooperate in this process in respect of the ruling," he added. "I know you don't agree. But I see you respect it," Judge Munro said. A draft of the order regarding specific posts to be removed is being made and Ms Keane "could not say things in another guise". She has seven days to take down the posts.
RTÉ News
07-05-2025
- Politics
- RTÉ News
Healy-Rae seeks injunction against 'serious and grave' publications
An application by Minister of State at the Department of Agriculture, Food and the Marine and TD for Kerry Michael Healy-Rae against a former general election candidate and activist seeking to remove allegedly defamatory social media posts has been adjourned to next week. The defamation proceedings will be heard in the absence of defendant and respondent Michelle Keane, if she does not signal to the court her intention to contest the matter. This morning, the Circuit Civil Court in Tralee was told an interlocutory injunction was being sought to have "serious and grave" publications about Mr Healy-Rae removed. Barrister for Mr Healy-Rae, Elizabeth Murphy, instructed by Killarney solicitor Dan O'Connor, told the Circuit Civil Court in Tralee she was seeking "an injunction to restrain publication of a most grave and serious nature". This was a civil matter under the Defamation Act and the respondent Michelle Keane should be called, Ms Murphy said at the outset. The objective was to take down and restrain further allegations and she was seeking an interlocutory injunction, Ms Murphy said. Ms Keane usually represents herself and the civil bill had been served by e-mail over the bank holiday weekend, the barrister said. However, Judge Ronan Munro said he would prefer if the proceedings and notice of the injunction being sought was served by the Killarney-based solicitor to Ms Keane's address in Knocknagoshel to notify her that he would deal with the matter at 2pm. Ms Keane had electronic gates, Ms Murphy advised the court. Solicitor Dan O'Connor then proceeded to Knocknagoshel to serve the papers by hand. If necessary the envelope is to be placed behind the electronic gates of Ms Keane's residence, Judge Munro said. When the case resumed at 2pm, Ms Keane was again called and she was not in court. Ms Murphy outlined specific allegations about Mr Healy-Rae, which she said were made by Ms Keane and were defamatory. Ms Keane "self-publishes" on social media, the barrister told the court. The suit is under Section 33 of the Defamation Act 2009 and the specific allegations referred to in court cannot be repeated. The barrister said she was seeking an order "to remove all posts accusing her client of illegality or immorality and to stop doing it,". The proceedings being sought were very rapid and he was concerned with the speed, Judge Munro said. He asked if the papers could not be served on Ms Keane personally. Judge Munro adjourned the matter to Tuesday at 2pm. Mr Healy-Rae's legal team is to seek to serve notice on Ms Keane personally, and also by registered post and otherwise and electronically that the proceedings are listed for court on Tuesday and are to advise her that the matter will proceed in her absence if she is not there.
