IRAC Legal Essay Week 1
Question:
Joe King told his wife Maggie King that Sean Smiley was convicted of the murder of his mother Agnes Smiley. Maggie King told her friend Brenda O’Leary that Sean Smiley was convicted of the murder of his mother Agnes Smiley. When Brenda O’Leary saw Sean Smiley she accused him of murdering his mother. Can Sean take a defamation action against Joe King and Brenda O’Leary?
Answer:
Can Sean take a defamation action against Joe King and Brenda O’Leary? This depends on what the law says and whether or not Sean’s situation applies to the law.
According to The Defamation Act 2009 defamation is “(2) The tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person (other than the first-mentioned person), and “ defamation ” shall be construed accordingly.
(3) A defamatory statement concerns a person if it could reasonably be understood as referring to him or her.
(5) The tort of defamation is actionable without proof of special damage.”[1]
An example of The Defamation Act 2009 applied in law is in Kehoe v Raidió Teilifís Éireann
“1. These proceedings are brought in defamation and arise from a live broadcast by the Defendant of a current affairs radio programme, “Saturday with Claire Byrne” during which certain verbal exchanges which gave rise to these proceedings took place between the presenter and two of the panel participants, Joe Costello T.D and Councillor Eoin O’Broin. The statements about which the Plaintiff complains were made by Joe Costello and have been set out in the Statement of Claim. He was not joined as a Defendant nor were separate proceedings instituted within the period limited prescribed by s. 38 (1) of the Defamation Act 2009 (the Act of 2009). Accordingly, any claim the Plaintiff had against Joe Costello in respect of the impugned statements is now statute barred.”[2]
A statement falsely accusing another of murder injures their reputation and is considered to be defamation and Joe King has done as much. Sean Smiley does not need to prove damages in this case. In conclusion it seems that Sean Smiley has been defamed and that he does have a case to be made.
[1] Defamation Act 2009, s.6 (2), (3), (5).
[2] Kehoe v Raidió Teilifís Éireann [2018] IEHC 340
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