Communications Regulation Act 2002


F62[Tortious liability of undertaking or associate for victimising whistleblower.

F63[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 Síochána) 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.]

F64[(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 persons employment, or

(d) a threat of reprisal.]




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


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


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.