Can a company or company representative be defamed online by a member of the public in relation to something that happened in the business?

Posted in : First Tuesday Q&A ROI on 13 January 2013
Elaine Mettler
Arthur Cox
Issues covered:

Under the Defamation Act 2009, a person is defamed when another person publishes a statement about him or her which tends to injure his or her reputation in the eyes of reasonable members of society. For defamation to arise, the statement must be untrue and cause injury. Therefore, whether defamation occurs is a matter of fact depending on the circumstances. Further, publication can only occur where the relevant person intended the statement to be disclosed to a second person.

While suing for defamation is certainly an option, it can be a lengthy and expensive process and may often inadvertently draw more attention to the statement than was generated by the initial publication.

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Back to Q&A's This article is correct at 03/09/2015

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Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email

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