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defamation

  • 24-05-2012 9:32am
    #1
    hickory99
    Registered Users Posts: 43 ✭


    Hi all,

    Not looking for legal advise just wondering if someone goes on a radio talk show and uses their own first name and says completely unfounded and untrue things about another person but doesn't mention that persons name can a demation case be taken? If the details the person gives absolutely identifies the person the are defaming without any doubt but just doesn't actually state that persons name, is there a case?
    For example if there blatently told a bare face lie about the other person like they are sleeping around or they attacked them...


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Simple answer yes,

    Section 6 (3) Defamation Act 2009

    (3) A defamatory statement concerns a person if it could reasonably be understood as referring to him or her.


  • #3
    hickory99
    Registered Users Posts: 43 ✭hickory99


    Fantastic, thanks for the quick response!


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Sinclair v. Gogarty [1937] I.R. 377 is the case that backs that up too, worth a read on the identity issue.


  • #5
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    ResearchWill wrote: »
    Simple answer yes,

    Section 6 (3) Defamation Act 2009

    (3) A defamatory statement concerns a person if it could reasonably be understood as referring to him or her.

    Only tangentially related, but something I always wondered was this:

    You have the unique username "ResearchWill". On this site, you, as the user of that name, has built up a certain reputation as a helpful and informative poster.

    Is there any issue if someone else registers as "ResearchWill" on another site and posts abusive, racist, or illegal material, and there is a good chance that someone from Boards will see that material?

    Do you have any rights to the good name of your username?


  • #6
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,572 Mod ✭✭✭✭Robbo


    Grolschevik wrote: »
    Only tangentially related, but something I always wondered was this:

    You have the unique username "ResearchWill". On this site, you, as the user of that name, has built up a certain reputation as a helpful and informative poster.

    Is there any issue if someone else registers as "ResearchWill" on another site and posts abusive, racist, or illegal material, and there is a good chance that someone from Boards will see that material?

    Do you have any rights to the good name of your username?
    We had a lengthy thread on this before, quite interesting.


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  • #7
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Robbo wrote: »
    We had a lengthy thread on this before, quite interesting.

    I don't remember seeing that. Off to look!


    Edit: Found it. Ta!
    http://www.boards.ie/vbulletin/showthread.php?t=2056027146&page=2

    I take it that there has not been a definitive determination on this in the last 18 months or so?


  • #8
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,572 Mod ✭✭✭✭Robbo


    Grolschevik wrote: »
    I don't remember seeing that. Off to look!


    Edit: Found it. Ta!
    http://www.boards.ie/vbulletin/showthread.php?t=2056027146&page=2

    I take it that there has not been a definitive determination on this in the last 18 months or so?
    Nothing that I'm aware of. Recently published was the judgment from Taxi-jumper-gate where a number of John Doe's and nicknames were listed as defendants.


  • #9
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Grolschevik wrote: »
    Only tangentially related, but something I always wondered was this:

    You have the unique username "ResearchWill". On this site, you, as the user of that name, has built up a certain reputation as a helpful and informative poster.

    Is there any issue if someone else registers as "ResearchWill" on another site and posts abusive, racist, or illegal material, and there is a good chance that someone from Boards will see that material?

    Do you have any rights to the good name of your username?

    There's a case on this in the UK. The Owner of a Blog v Times Newspapers.


  • #10
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    A sport journalist with the Irish times got sued by a trainer, who thought an article libelled him, the journalist since wrote that he knew nothing about horse racing let alone the issue the trainer took slight about


  • #11
    Elvis_Presley
    Closed Accounts Posts: 194 ✭✭Elvis_Presley


    Robbo wrote: »
    We had a lengthy thread on this before, quite interesting.

    hold on...so Elvis can sue me for some of the stuff I say on boards?!


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  • #12
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,572 Mod ✭✭✭✭Robbo


    Elvis_Presley wrote: »
    hold on...so Elvis can sue me for some of the stuff I say on boards?!
    It depends on if there's any basis as to the allegations in relation to a person's status as a hound dog/non-hound dog.


  • #13
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Robbo wrote: »
    Nothing that I'm aware of. Recently published was the judgment from Taxi-jumper-gate where a number of John Doe's and nicknames were listed as defendants.

    Did this case have a final outcome? The link seems to be about the papers reporting the case and not the central issue of the takedown of the material in question.


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