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Libel/Slander/Defamation

  • 01-03-2008 8:19pm
    #1
    Usjes
    Registered Users Posts: 326 ✭✭


    Hi, I would like to know if, in the Irish legal system, it is permissible to say anything about anyone as long as it is explicitly stated as an opinion ? e.g. "In my opinion, politician X is a lying thieving scumbag." I have read online that Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable, and I am curious to know if this is the case in the Irish system. Intuitively, I would have thought that this was the case, ie. the statement is undeniably factually accurate, unless someone could prove that that was not your opinion. Anyone know for certain ? Thanks, Usjes.


Comments

  • #2
    Profiler
    Registered Users Posts: 1,327 ✭✭✭Profiler


    To the best of my knowledge you can't use the word allegedly to cover up what you say.

    For example if you said that in your opinion allegedly politician X is a lying thieving scumbag, then you are liable for those comments... unless you say it under Parliamentary privilege in [SIZE=-1]Dáil Éireann :rolleyes:
    [/SIZE]


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Usjes wrote: »
    Hi, I would like to know if, in the Irish legal system, it is permissible to say anything about anyone as long as it is explicitly stated as an opinion ? e.g. "In my opinion, politician X is a lying thieving scumbag." I have read online that Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable, and I am curious to know if this is the case in the Irish system. Intuitively, I would have thought that this was the case, ie. the statement is undeniably factually accurate, unless someone could prove that that was not your opinion. Anyone know for certain ? Thanks, Usjes.

    I don't believe him - is a statement opinion
    He is a liar - no matter how you couch it, is an assertion of fact.

    Genuinely held opinions, if they cast a negative light on someone, will not necessarily be defamatory. However, to say "In my opinion, someone is a lying, theieving scumbag" is not an expression of a genuinely held opinion, it is an attempt to mask allegations of fact as opinion.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Profiler wrote: »
    To the best of my knowledge you can't use the word allegedly to cover up what you say.

    For example if you said that in your opinion allegedly politician X is a lying thieving scumbag, then you are liable for those comments... unless you say it under Parliamentary privilege in [SIZE=-1]Dáil Éireann :rolleyes:
    [/SIZE]

    Newspapers regularly say that it is alleged that person X committed such a crime, etc. There, the stated fact is the allegation, not that the person committed the crime. If charges have been brought against someone, then it is true to say that it is alleged [those charges].


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