Defamation Act 2009

SCHEDULE 1

Statements having Qualified Privilege

PART 1

Statements Privileged Without Explanation or Contradiction

1. A fair and accurate report of any matter to which the defence of absolute privilege would apply (other than a fair and accurate report referred to in section 17(2)(i) or (k)).

2. A fair and accurate report of any proceedings publicly heard before, or decision made public by a court (including a court-martial) established under the law of any state or place (other than the State or Northern Ireland).

3. A fair and accurate report of the proceedings (other than court proceedings) presided over by a judge of a court established under the law of Northern Ireland.

4. A fair and accurate report of any proceedings in public of a house of any legislature (including a subordinate or federal legislature) of any state other than the State.

5. A fair and accurate report of proceedings in public of any body duly appointed, in the State, on the authority of a Minister of the Government, the Government, the Oireachtas, either House of the Oireachtas or a court established by law in the State to conduct a public inquiry on a matter of public importance.

6. A fair and accurate report of proceedings in public of any body duly appointed, in Northern Ireland, on the authority of a person or body corresponding to a person or body referred to in paragraph 5 to conduct a public inquiry on a matter of public importance.

7. A fair and accurate report of any proceedings in public of any body—

( a) that is part of any legislature (including a subordinate or federal legislature) of any state (other than the State), or

( b) duly appointed in a state other than the State, on the authority of a person or body corresponding to a person or body referred to in paragraph 5,

to conduct a public inquiry on a matter of public importance.

8. A fair and accurate report of any proceedings in public of an international organisation of which the State or Government is a member or the proceedings of which are of interest to the State.

9. A fair and accurate report of any proceedings in public of any international conference to which the Government sends a representative or observer or at which governments of states (other than the State) are represented.

10. A fair and accurate copy or extract from any register kept in pursuance of any law which is open to inspection by the public or of any other document which is required by law to be open to inspection by the public.

11. A fair and accurate report, copy or summary of any notice or advertisement published by or on the authority of any court established by law in the State or F7 [ under the law of a Member State or of the United Kingdom ], or any judge or officer of such a court.

12. A fair and accurate report or copy or summary of any notice or other document issued for the information of the public by or on behalf of any Department of State for which a Minister of the Government is responsible, local authority or the Commissioner of the Garda Síochána, or by or on behalf of a corresponding department, authority or officer F7 [ in a Member State or in the United Kingdom ].

13. A fair and accurate report or copy or summary of any notice or document issued by or on the authority of a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas.

F8 [ 13A. A protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

14. A determination of the Press Ombudsman referred to in paragraph 9(2) of Schedule 2 .

15. A determination of the Press Council referred to in paragraph 9(4) of Schedule 2 or a report of the Press Council relating to the past performance of its functions.

16. Any statement published pursuant to, and in accordance with, a determination of the Press Ombudsman or the Press Council.

17. Any statement made during the investigation or hearing of a complaint by the Press Ombudsman in accordance with Schedule 2 .

18. Any statement made during the hearing of an appeal from a determination of the Press Ombudsman in accordance with Schedule 2 .

19. Any statement published by a person in accordance with a requirement under an Act of the Oireachtas whether or not that person is the author of the statement.

Annotations

Amendments:

F7

Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 127(a)(i), (ii), S.I. No. 693 of 2020.

F8

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 14(2), S.I. No. 327 of 2014.

PART 2

Statements Privileged Subject to Explanation or Contradiction

1. A fair and accurate report of the proceedings, findings or decisions of an association, or a committee or governing body of an association, whether incorporated or not F9 [ in the State, in a Member State or in the United Kingdom ], relating to a member of the association or to a person subject, by contract or otherwise, to control by the association.

2. A fair and accurate report of the proceedings at any public meeting, held F9 [ in the State, in a Member State or in the United Kingdom ], being a meeting held for a lawful purpose and for the discussion of any matter of public concern whether the admission to the meeting is general or restricted.

3. A fair and accurate report of the proceedings at a general meeting, whether F9 [ in the State, in a Member State or in the United Kingdom ], of any company or association established by or under statute or incorporated by charter.

4. A fair and accurate report of the proceedings at any meeting or sitting of any local authority or the Health Service Executive, and any corresponding body F9 [ in a Member State or in the United Kingdom ].

5. A fair and accurate report of a press conference convened by or on behalf of a body to which this Part applies or the organisers of a public meeting within the meaning of paragraph 2 to give an account to the public of the proceedings or meeting.

6. A fair and accurate report of a report to which the defence of qualified privilege would apply.

7. A copy or fair and accurate report or summary of any ruling, direction, report, investigation, statement (including any advice, admonition or censure given or administered by the Irish Takeover Panel under section 20 of the Irish Takeover Panel Act 1997) or notice made, given, prepared, published or served by the Irish Takeover Panel.

Annotations:

Amendments:

F9

Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 127(b)(i)-(iv), S.I. No. 693 of 2020.