Communications Regulation Act 2002

24B

F51 [ Tortious liability of undertaking or associate for victimising whistleblower.

F52 [ 24B. (1) If an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider causes detriment to a person because the person or a third person has made, or threatened to make, an appropriate disclosure of information to the Commission or a law enforcement authority (such as the Garda S í och á na) about the conduct of the undertaking, the associate, the association or the postal service provider, the person has a right of action in tort against the undertaking, associate, association or postal service provider, as the case may be. ]

F53 [ (1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(2) In this section, detriment includes

( a ) injury, damage or loss, or

( b ) intimidation or harassment, or

( c ) discrimination, disadvantage or adverse treatment in relation to a person s employment, or

( d ) a threat of reprisal. ]

Annotations

Amendments:

F51

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 7, S.I. No. 224 of 2007.

F52

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 45(2), commenced on enactment.

F53

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1, item 5, S.I. No. 327 of 2014.