JUSTICE Minister Jim O’Callaghan this past week signed into law new measures governing defamation – in plain language, who can say what about whom without getting sued, writes Limerick Post reporter Bernie English.
Importantly, the new legislation includes social media posts with measures which aim to unmask anonymous keyboard trolls and make them face the music.
The Limerick Post aims to give readers the no-nonsense lowdown on when they can – and can’t – seek the help of the courts.
‘They printed my name in the paper and I never gave my permission’
Defence of fair and reasonable publication on matter of public interest is a new measure within the newly adopted legislation.
Oddly enough, the media doesn’t need anyone’s permission to print their name in relation to a story – up to a point.
If you find yourself in court for any reason – from not paying a speeding fine to murder – you’re fair game for the press.
The only exception to this is when a hearing is “in camera” (behind closed doors) in the courts. Then, newspapers can still print stories about the proceedings, but without the names of those involved.
The words “cannot be named for legal reasons” often appears in stories and these reasons are to protect the identity of victims in cases (for example those involving sex crimes) or if the person before the court for any reason is under the age of 18.
The reasoning behind this freedom of publication is that the courts are a matter of public record and the general public are entitled to go into any courtroom they please (provided the case is not in camera) and see justice in action be done in public for themselves.
Attending the courts can be a pastime for many people, particularly retired people, with a lively interest in what’s going on. A word of warning through – avoid the traffic courts. You may lose the will to live.
Because most people are too busy earning a living and trying to stay out of debtors court to sit listening to court cases and because justice should be transparent in any democracy, journalists go to court to tell people what’s going on.
So if you’ve been convicted of beating your neighbour to death with his own severed arm in a row over who owns the fuschia bush, don’t be surprised if we tell the world about it.
Likewise, journalists are entitled to alert the world if prominent figures and pillars of society get up to monkey business – provided it’s true.
If the Minister for Public Morals, Decency, and Down With that Sort of Thing makes his Barbados holiday money through shady means, then it’s very likely in the public interest to print that.
If Joe Blogs goes to Barbados on the profits of his adult shop, it’s not illegal and it’s nobody’s business.
Fact, fiction, and damaged reputations
Generally speaking, when it comes to defamation, one must ask ‘is it true?’ and ‘was your reputation or good name damaged?’, or indeed ‘do you have a good name to begin with?’
Back to the neighbour and the fuschia bush – if you’re found guilty, you damaged your own reputation. You should have just offered him a cutting to cultivate the growth.
Damage depends on the context. If a story is printed saying that a convicted burglar is a thief, then that’s fair game. In a court case for damages, a judge would be unlikely to find that calling them a thief damages the reputation of someone who is already publicly convicted of burglary.
However, if a newspaper calls a burglar a sex abuser without any grounds – the injured party will likely be able to give up their life of crime on the proceeds of the award they’ll get for it.
And if you’re an ordinary citizen and something is printed which is completely (and demonstrably) untrue, you’re entitled to a correction in print and are still entitled to sue for damages even if the correction is printed.
‘They published my address in the paper and I didn’t give permission’
Have another read of the above. There are many people called Joe Bloggs living in Limerick, so it’s vital to say it’s the Joe Bloggs (32) living at 6 It Fell Off The Back of A Lorry Street and not Joe Bloggs the squeaky clean chartered accountant. Even including an age is important as there can be multiple generations of Joe Bloggs living in a given home.
– Court Reporting Scheme