Defamation Blog

Plain-English guides to the defamation law people actually meet — the post, the review, the shop floor, the reference, the WhatsApp group — written for the law as it stands since the Defamation (Amendment) Act 2026 commenced on 1 March 2026.

The 2026 Act

The Defamation (Amendment) Act 2026, Explained

Juries gone, serious harm for companies, the retail privilege, identification orders, the ADR duty and what is not yet commenced.

Basics

Libel vs Slander: Why Ireland Has One Tort

The 2009 Act abolished the distinction. What the single tort of defamation requires, and why spoken words count.

Damages

How Defamation Damages Are Assessed in Ireland

The Higgins v Irish Aviation Authority levels, aggravated damages, and the reported decisions - as information on the law, not a prediction.

Process

How to Sue for Defamation in Ireland, Step by Step

Evidence, the letter, the ADR declaration, the court choice and the timeline from first publication to hearing.

Time Limits

The One-Year Defamation Time Limit

One year from first publication, two at the absolute outside, and why the post staying online does not restart the clock.

Defences

Defences to Defamation: Truth, Honest Opinion and Privilege

Every defence in the Act after the 2026 amendments, and the facts each one needs.

Defences

Offer of Amends After the 2026 Act

Same prominence for the correction, the defence lost only for knowing or reckless falsity, and conduct after the offer counting on costs.

Social Media

Defamed on Facebook: What You Can Do

Posts, comments and group administrators - including the December 2024 High Court award against an administrator who ignored a removal order.

Social Media

Defamed on Instagram, TikTok or X

Each platform’s notice route, the Digital Services Act, Coimisiún na Meán and the section 45 identification order.

Social Media

Defamed on YouTube

Video publication, Gilroy v O’Leary, and when the platform is joined.

Social Media

Defamation in WhatsApp and Local Facebook Groups

Publication to a small group still counts: neighbour disputes, residents’ groups and the private message that was not private.

Reviews

A Fake Google Review Is Damaging My Business

Stillorgan Gas v Manning, honest opinion versus false fact, platform policy and the serious harm test.

Business

The Serious Harm Test for Companies

Section 12: serious financial loss for a trading company, no test for individuals, and what evidence it takes.

Shops

A Shop Accused Me of Stealing: What Changed in 2026

The section 18(1A) retail privilege, Gallagher v O’Brien Retail Concepts on identification, and what still succeeds.

Workplace

A Defamatory Job Reference

Qualified privilege, malice, and the data access request that gets you the reference.

Anonymous Posters

How to Identify an Anonymous Troll in Ireland

Section 45 identification orders in the Circuit Court, the evidence, the Dublin intermediaries and the costs.

Defence

Received a Defamation Solicitor’s Letter: What Now

Do not reply in anger: the first response, the offer of amends, the apology that is not an admission, and the defences.

Costs

What It Costs to Sue for Defamation in Ireland

The consultation fee, the court choice, the costs risk if a claim fails, and the fixed-fee removal letter.

Media

The Press Council Step Before You Sue

Section 34K: the solicitor’s duty to advise on the Press Council and right of reply, the statutory declaration, and the suspended clock.

Data Protection

Right to Be Forgotten: Getting Google to Delist

GDPR Article 17, why the Data Protection Commission wants a court finding, and the section 28 order that unlocks it.

Harassment

Coco’s Law and Online Harassment

The Harassment, Harmful Communications and Related Offences Act 2020: intimate images, threatening messages, and the Garda route beside the civil claim.

The 2026 Act

SLAPPs in Ireland: What Is Coming

Part 7 of the 2026 Act is not commenced and a separate SLAPP Bill 2026 will replace it - what that means for claimants and defendants now.