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The Bar Review 2018, 23(3), 72-74
The Bar Review
2018
*72 Defamation Nation 2018
Mr Justice Robert Jay
Subject: Defamation
Keywords: Conferences; Defamation; Ireland;
Delegates at The Bar of Ireland conference in Málaga were persuaded out of the sun
by a range of eminent speakers on the conference theme, ‘Defamation Nation’. This
year's conference comprised three fascinating sessions, and after a warm welcome
from Chairman of the Council of The Bar of Ireland, Paul McGarry SC, Session 1,
‘Defamation and Privacy Online and in the Media’ got underway, ably chaired by
Mary Rose Gearty SC.
Eoin McCullough SC discussed section 26 of the 2009 Defamation Act, “the defence
of fair and reasonable publication”. Section 26 sets out that in a defamation action,
the defence must prove that any statement was in good faith; in the public interest;
not in excess of what was reasonably sufficient; and, fair and reasonable. He argued
that this section of the Act made little practical difference, as it is very difficult to
persuade a jury that all four tests are met. He also discussed protection of sources.
In general, journalists will not be asked to reveal their sources, which creates
difficulties for plaintiffs.
Vincent Crowley, Chairman of Newsbrands Ireland, looked at the impact of
defamation actions on the media in Ireland. Newspaper revenue has fallen by 57% in
the last 10 years, and circulation by over 50%. In tandem with this, between 2010
and 2015, Newsbrands members have spent €30 million defending defamation
actions, and he described this as a challenge to democracy that jeopardises press
freedom. Trial by jury, excessive awards, and lack of liability for user-generated
content are key challenges that Newsbrands Ireland wants addressed. Vincent
argued for the abolition of juries in defamation cases. At the very least, he argued
strongly that juries should have no role in determining quantum, citing the “massive”
awards of damages here in comparison to other jurisdictions. On the subject of user-
generated content, he said that Google, Facebook et al. must be held accountable for
their content in order to create a level playing field.
Mr Justice Robert Jay was lead counsel at the Leveson Inquiry, and he addressed
regulation of the media in a post-Leveson world. For Justice Jay, the challenges to
regulation centre around the global reach of the internet and the sheer economic
The Bar Review 2018, 23(3), 72-74
The Bar Review
2018
*72 Defamation Nation 2018
Mr Justice Robert Jay
Subject: Defamation
Keywords: Conferences; Defamation; Ireland;
Delegates at The Bar of Ireland conference in Málaga were persuaded out of the sun
by a range of eminent speakers on the conference theme, ‘Defamation Nation’. This
year's conference comprised three fascinating sessions, and after a warm welcome
from Chairman of the Council of The Bar of Ireland, Paul McGarry SC, Session 1,
‘Defamation and Privacy Online and in the Media’ got underway, ably chaired by
Mary Rose Gearty SC.
Eoin McCullough SC discussed section 26 of the 2009 Defamation Act, “the defence
of fair and reasonable publication”. Section 26 sets out that in a defamation action,
the defence must prove that any statement was in good faith; in the public interest;
not in excess of what was reasonably sufficient; and, fair and reasonable. He argued
that this section of the Act made little practical difference, as it is very difficult to
persuade a jury that all four tests are met. He also discussed protection of sources.
In general, journalists will not be asked to reveal their sources, which creates
difficulties for plaintiffs.
Vincent Crowley, Chairman of Newsbrands Ireland, looked at the impact of
defamation actions on the media in Ireland. Newspaper revenue has fallen by 57% in
the last 10 years, and circulation by over 50%. In tandem with this, between 2010
and 2015, Newsbrands members have spent €30 million defending defamation
actions, and he described this as a challenge to democracy that jeopardises press
freedom. Trial by jury, excessive awards, and lack of liability for user-generated
content are key challenges that Newsbrands Ireland wants addressed. Vincent
argued for the abolition of juries in defamation cases. At the very least, he argued
strongly that juries should have no role in determining quantum, citing the “massive”
awards of damages here in comparison to other jurisdictions. On the subject of user-
generated content, he said that Google, Facebook et al. must be held accountable for
their content in order to create a level playing field.
Mr Justice Robert Jay was lead counsel at the Leveson Inquiry, and he addressed
regulation of the media in a post-Leveson world. For Justice Jay, the challenges to
regulation centre around the global reach of the internet and the sheer economic
