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GLOSSARY

Tort of defamation definition

Published by a LexisNexis Commercial expert

What does Tort of defamation mean?

There are two separate causes of action in respect of publication of defamatory matter: libel and slander. In general terms, libel is a defamatory publication conveyed in a permanent form, while slander is a defamatory publication conveyed in some non-permanent or transitory form.

The main distinction between the two is that libel is actionable per se, that is to say it is actionable without proof by the claimant that he has suffered damage, while slander is actionable only on proof of special damage, unless it falls within one of categories below; eg where the words:

• impute a crime for which the claimant can be punished by imprisonment;

• are calculated to disparage the claimant in any office, profession, calling, trade or business carried on by him at the time of the publication.

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The different torts—property, people and animals

This Practice Note considers the torts of:•trespass to land•tort of conversion and trespass to goods•trespass to the person (assault, battery and false imprisonment)•privacy and defamation•tortious product liability•tortious liability for animalsFor guidance on other torts, see Practice Notes:•Procedural abuse torts and similar•Vicarious liability and multi-party tortsFor guidance on negligence claims, see Practice Note: Negligence—key elements to establish a negligence claim and related content.For practical guidance content on negligence, nuisance and breach of statutory duty claims, see: Tort and negligence claims—overview.For guidance on bringing and defending claims against professionals, see: Professional negligence claims—overview.The tort of trespass to landThe tort of trespass to land is committed when a person (D) does an act, which causes entry into the land of another person (C) without permission or justification. It is not necessary for any harm to be caused to the land concerned for the tort to be committed.For there to be a trespass in tort, D must enter C’s land voluntarily (Stone v Smith).Any entry will suffice, no matter how trivial or small (Ellis...

Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland)

Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) This Practice Note provides an overview of the Defamation Act 2009 (Ireland) (DA 2009 (IRL)). It considers the elements of the tort of defamation. It introduces the defences to a claim for defamation, the offer of amends procedures, reliefs available under the DA 2009 (IRL). It also examines the proposed reforms of the DA 2009 (IRL). The following practice note sets out and examines the following: • elements of the tort of defamation • defences to a defamation claim • offer of amends procedure • reliefs available under the DA 2009 (IRL) • proposed Reform of the DA 2009 (IRL) The elements of the tort of defamation The law of defamation in Ireland, and its cornerstone statute, DA 2009 (IRL), aims to strike a balance between a person’s or a body corporate’s right to a good name and reputation, a vital personal right, and the right to freedom of expression, a right integral to a functioning, informed democracy, where a plurality...

Discover our 2 Practice Notes on Tort of defamation