Claims investigation service based in Cork. Our site sets out to provide useful claims information to others in the business and beyond. Thank you for your visit. Feedback is always welcome. Site updated 14th April 2008

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Defamation, Libel and Slander

We set out on this page a brief summary on the important terms used in dealing with cases in this category: We have dealt with a number of cases where customers have been accosted by staff in shops and have taken actions. A brief view of those cases is provided here

Defamation

• The publication (i.e. communication) to a third person of a statement which exposes a person to hatred, ridicule or contempt
• or causes him to be shunned or avoided
• or tends to injure him in his office, calling or business.

The test being whether the words tend to lower the person in the eyes of right-thinking people.

Publication

Merely means communication. Word of mouth to one other person is sufficient.

Slander

• Publication is by word of mouth or indicated by gestures.     
• It is necessary to prove that actual damage was suffered

• allegation of committing crime
• imputation of infectious disease (e.g. Aids)
• disparagement as to one’s trade, profession or office
• imputation of unchastity to a woman (Slander of Women Act 1891).

If a crime is alleged against a person, it does not matter if the utterance is written or verbal, it is libel and damages can flow even if no actual injury is suffered.

Libel

• Publication is by writing or other permanent form.
• A statement in a broadcast is a libel, not a slander.
• A libel is considered more serious than a slander.
• It is not necessary to prove actual damage.

Defences to Defamation:

• Consent of Plaintiff
• Justification
• Privilege
• Fair comment
• Fair and accurate report
• Apology (not a defence, but may mitigate)
• Offer and Amends (in the case of unintentional defamation)

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