Defamation Act 2009
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 30 July 2021
This Revised Act is an administrative consolidation of the Defamation Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021), made 29 July 2021, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 30 July 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)
• Blasphemy (Abolition of Offences and Related Matters) Act 2019 (43/2019)
• Parole Act 2019 (28/2019)
• Protected Disclosures Act 2014 (14/2014)
• Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (33/2013)
All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Defamation Act 2009 (Press Council) Order 2010 (S.I. No. 163 of 2010)
• Defamation Act 2009 (Commencement) Order 2009 (S.I. No. 517 of 2009)
All statutory instruments up to and including Parole Act 2019 (Commencement) Order 2021 (S.I. No. 405 of 2021), made 29 July 2021, were considered in the preparation of this revision.
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 30 July 2021
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
5. Review of operation of Act.
Defamation
7. Amendment of certain enactments.
10. Defamation of class of persons.
12. Defamation of a body corporate.
13. Appeals in defamation actions.
Defences
15. Abolition of certain defences.
19. Loss of defence of qualified privilege.
21. Distinguishing between allegations of fact and opinion.
23. Effect of offer to make amends.
26. Fair and reasonable publication on a matter of public interest.
Remedies
29. Lodgment of money in settlement of action.
32. Aggravated and punitive damages.
33. Order prohibiting the publication of a defamatory statement.
34. Summary disposal of action.
Criminal Liability
35. Abolition of certain common law offences.
36. Publication or utterance of blasphemous matter. (Repealed)
37. Seizure of copies of blasphemous statements. (Repealed)
Miscellaneous
39. Survival of cause of action on death.
43. Evidence of acquittal or conviction.
Statements having Qualified Privilege
Statements Privileged Without Explanation or Contradiction
Statements Privileged Subject to Explanation or Contradiction
Minimum Requirements in Relation to Press Council
Acts Referred to
|
Civil Liability Act 1961 |
1961, No. 41 |
|
Civil Liability and Courts Act 2004 |
2004, No. 31 |
|
Commissions of Investigation Act 2004 |
2004, No. 23 |
|
Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 |
1997, No. 17 |
|
Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976 |
1976, No. 10 |
|
Courts (Supplemental Provisions) Act 1961 |
1961, No. 39 |
|
Courts Act 1991 |
1991, No. 20 |
|
Courts of Justice Act 1924 |
1924, No. 10 |
|
Defamation Act 1961 |
1961, No. 40 |
|
European Communities Act 1972 |
1972, No. 27 |
|
Irish Takeover Panel Act 1997 |
1997, No. 5 |
|
Statute of Limitations 1957 |
1957, No. 6 |
|
Tribunals of Inquiry (Evidence) Acts 1921 to 2004 |
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 30 July 2021
AN ACT TO REVISE IN PART THE LAW OF DEFAMATION; TO REPEAL THE DEFAMATION ACT 1961; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[23rd July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: