Defamation Act, 1961
What is this act about?
This law, the Defamation Act, 1961, combines and updates previous laws about defamation. It deals with both criminal and civil cases where someone's reputation is harmed by published statements.
Who it applies to: Anyone who publishes a defamatory libel; Newspaper proprietors, publishers, editors, and others responsible for newspaper publications.
At a glance
- Country
- Ireland
- Area of law
- Criminal law
- Articles
- 28
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Criminal proceedings for libel (defamatory publications).
- Civil proceedings for defamation (harmful statements).
- The conditions under which the truth of a defamatory statement can be a defence.
- The privileges granted to certain reports, such as those from court proceedings.
Who does this act apply to?
- Anyone who publishes a defamatory libel.
- Newspaper proprietors, publishers, editors, and others responsible for newspaper publications.
What are the key points?
- A jury can give a general verdict in criminal libel trials and is not required to find someone guilty merely on proof of publication.
- For a defamatory libel, the truth of the matters charged is only a defence if it was for the public benefit that they were published.
- Criminal prosecution against newspaper personnel for libel requires an order from a High Court Judge.
- Penalties for maliciously publishing a defamatory libel can include a fine not exceeding two hundred pounds or imprisonment for up to one year, or both.
- If a defamatory libel is maliciously published and known to be false, the penalty can be a fine not exceeding five hundred pounds or imprisonment for up to two years, or both.
Criminal law
Legal text
Legal text
Defamation Act, 1961 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1961 Defamation Act, 1961 Defamation Act, 1961 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 40 of 1961.
DEFAMATION ACT, 1961.
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General Section
Section 1
Short title.
Section 2
Interpretation generally.
Section 3
Commencement and proceedings affected.
Section 4
Repeals.
Section 5
Competence of jury to give general verdict on trial of indictment for libel.
PART II
Criminal Proceedings for Libel
Section 6
Plea of truth of matters charged on trial for defamatory libel and that publication was for public benefit.
Section 7
Evidence by person charged to rebut prima facie case of publication by his agent.
Section 8
Order of Judge required for prosecution of newspaper proprietor, etc.
Section 9
Inquiry as to libel being for public benefit or being true.
Section 10
Provisions as to summary conviction for libel.
Section 11
Penalty for maliciously publishing defamatory libel.
Section 12
Penalty for maliciously publishing libel known to be false.
Section 13
Penalty for printing or publishing blasphemous or obscene libel.
PART III
Civil Proceedings for Defamation
Section 14
Interpretation. (Part III).
Section 15
Broadcast statements.
Section 16
Words imputing unchastity or adultery actionable without special damage.
Section 17
Offer of an apology admissible in evidence in mitigation of damages in action for defamation.
Section 18
Newspaper and broadcast reports of proceedings in court privileged.
Section 19
Slander affecting official, professional or business reputation.
Section 20
Slander of title, etc.
Section 21
Unintentional defamation.
Section 22
Justification.
23 Fair comment.
24.
Qualified privilege of certain newspaper and broadcasting reports.
25.
Agreements for indemnity.
26.
Evidence of other damages recovered by plaintiff.
27.
Obligation on certain newspaper proprietors to be registered under the Registration of Business Names Act, 1916.
28.
Saving.
FIRST SCHEDULE.
Enactments Repealed SECOND SCHEDULE.
Statements having qualified privilege Acts Referred to Local Government Act, 1941 1941, No. 23 Wireless Telegraphy Act, 1926 1926, No. 45 Broadcasting Authority Act, 1960 1960, No. 10 Telegraph Act, 1863 1863, c. 112 Libel Amendment Act, 1888 1888, c. 64 Number 40 of 1961.
DEFAMATION ACT, 1961.
AN ACT TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE LAW OF DEFAMATION. [17th August, 1961.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—
PART I
Preliminary And General Short title.
1.—This Act may be cited as the Defamation Act, 1961.
Interpretation generally.
2.—In this Act— “local authority”has the same meaning as in the Local Government Act, 1941 ;“newspaper” except in section 27, means any paper containing public news or observations thereon, or consisting wholly or mainly of advertisements, which is printed for sale and is published in the State or in Northern Ireland either periodically or in parts or numbers at intervals not exceeding thirty-six days; “proprietor”means, as well as the sole proprietor of any newspaper, in the case of a divided proprietorship, the persons who, as partners or otherwise, represent or are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person.
Commencement and proceedings affected.
3.—(1) This Act shall come into operation on the 1st day of January, 1962.
(2)
Part III
of this Act shall apply for the purposes of any proceedings begun after the commencement of this Act, whenever the cause of action arose, but shall not affect any proceedings commenced before the commencement of this Act.
Repeals.
4.—The enactments specified in the First Schedule to this Act Repeals, are hereby repealed.
PART II
Criminal Proceedings for Libel Competence of jury to give general verdict on trial of indictment for libel.
5.—(1) On every trial of an indictment for making or publishing any libel to which a plea of not guilty is entered, the jury may give a general verdict of guilty or not guilty upon the whole matter put in issue on the indictment, and the jury shall not be required or directed by the court to find the person charged guilty merely on the proof of the publication by him of the paper charged to be a libel and of the sense ascribed to such paper in the indictment.
Plea of truth of matters charged on trial for defamatory libel and that publication was for public benefit.
6.—On the trial of any indictment for a defamatory libel, the person charged having pleaded such plea as hereinafter mentioned, the truth of the matters charged may be inquired into but shall not amount to a defence, unless it was for the public benefit that the said matters charged should be published; and, to entitle thedefendant to give evidence of the truth of such matters charged as a defence to such indictment, it shall be necessary for the person charged, in pleading to the said indictment, to allege the truth of the said matters charged, in the manner required in pleading a justification to an action for defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason of which it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally, denying the whole thereof; and if, after such plea, the person charged is convicted on such indictment, the court may, in pronouncing sentence, consider whether his guilt is aggravated or mitigated by the said plea and by the evidence given to prove or to disprove the same: provided that— (a) the truth of the matters charged in the alleged libel complained of by such indictment shall in no case be inquired into without such plea of justification; (b) in addition to such plea of justification, the person charged may enter a plea of not guilty; (c) nothing in this section shall take away or prejudice any defence under the plea of not guilty which it is competent to the person charged to make under such plea to any indictment for defamatory libel.
Evidence by person charged to rebut prima facie case of publication by his agent.
7.—Whenever, upon the trial of an indictment for the publication of a libel, a plea of not guilty having been entered, evidence is given establishing a presumption of publication against the person charged by the act of any other person by his authority, it shall be competent for the person charged to prove that the publication was made without his authority, consent or knowledge and that the publication did not arise from want of due care or caution on his part.
Order of Judge required for prosecution of newspaper proprietor, etc.
8.—No criminal prosecution shall be commenced against any proprietor, publisher, editor or any person responsible for the publication of a newspaper for any libel published therein without the order of a Judge of the High Court sitting in camera being first had and obtained, and every application for such order shall be made on notice to the person accused, who shall have an opportunity of being heard against the application.
Inquiry as to libel being for public benefit or being true.
9.—A Justice of the District Court, upon the hearing of a charge against a proprietor, publisher or editor or any person responsible for the publication of a newspaper for a libel published therein, may receive evidence as to the publication being for the public benefit, as to the matters charged in the libel being true, as to the report being fair and accurate and published without malice and as to any matter which, under this or any other Act or otherwise, might be given in evidence by way of defence by the person charged on his trial on indictment, and the Justice, if of opinion after hearing such evidence that there is a strong or probable presumption that the jury on the trial would acquit the person charged, may dismiss the case.
Provisions as to summary conviction for libel.
10.—If a Justice of the District Court, upon the hearing of a charge against a proprietor, publisher, editor or any person responsible for the publication of a newspaper for a libel published therein, is of opinion that, though the person charged is shown to have been guilty, the libel was of a trivial character and that the offence may be adequately punished by virtue of the powers conferred by this section, the Justice shall cause the charge to be reduced into writing and read to the person charged and shall then ask him if he desires to be tried by a jury or consents to the case being dealt with summarily, and, if such person consents to the case being dealt with summarily, may summarily convict him, and impose on him a fine not exceeding fifty pounds, and the Summary Jurisdiction Acts shall apply accordingly.
Penalty for maliciously publishing defamatory libel.
11.—Every person who maliciously publishes any defamatory libel shall, on conviction thereof on indictment, be liable to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
Penalty for maliciously publishing libel known to be false.
12.—Every person who maliciously publishes any defamatory libel, knowing the same to be false, shall, on conviction thereof on indictment, be liable to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
Penalty for printing or publishing blasphemous or obscene libel.
13.—(1) Every person who composes, prints or publishes any blasphemous or obscene libel shall, on conviction thereof on indictment, be liable to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment or to penal servitude for a term not exceeding seven years.
PART III
Civil Proceedings for Defamation Interpretation. (Part III).
14.—(1) In this Part— “broadcast” has the same meaning as in the Wireless Telegraphy Act, 1926 (in this section referred to as the Act of 1926) and “broadcasting” shall be construed accordingly; “broadcasting station” has the same meaning as in the Act of 1926, as amended by the Broadcasting Authority Act, 1960 ; “wireless telegraphy” has the same meaning as in the Act of 1926.
Broadcast statements.
15.—For the purposes of the law of libel and slander the broadcasting of words by means of wireless telegraphy shall be treated as publication in permanent form.
Words imputing unchastity or adultery actionable without special damage.
16.—Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable.
Offer of an apology admissible in evidence in mitigation of damages in action for defamation.
17.—In any action for defamation, it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff at the time of filing or delivering the plea in the action) to give in evidence, in mitigation of damage, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so, in case the action shall have been commenced before there was an opportunity of making or offering such apology.
Newspaper and broadcast reports of proceedings in court privileged.
18.—(1) A fair and accurate report published in any newspaper or broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station within the State or in Northern Ireland of proceedings publicly heard before any court established by law and exercising judicial authority within the State or in Northern Ireland shall, if published or broadcast contemporaneously with such proceedings, be privileged.
Slander affecting official, professional or business reputation.
19.—In an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage, whether or not the words are spoken of the plaintiff in the way of his office, profession, calling, trade or business.
Slander of title, etc.
20.—(1) In an action for slander of title, slander of goods or other malicious falsehood, it shall not be necessary to allege or prove special damage— (a) if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff and are published in writing or other permanent form; or (b) if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication.
(2)
Section 15
of this Act shall apply for the purposes of subsection (1) of this section as it applies for the purposes of the law of libel and slander.
Unintentional defamation.
21.—(1) A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends under this section, and in any such case— (a) if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication); (b) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section, it shall be a defence, in any proceedings by him for libel or slander against the person making the offer in respect of the publication in question, to prove that the words complained of were published by the defendant innocently in relation to the plaintiff and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawn.
Justification.
22.—In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved, if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining charges.
Fair comment.
Section 23
23.—In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved, if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.
Qualified privilege of certain newspaper and broadcasting reports.
Section 24
24.—(1) Subject to the provisions of this section, the publication in a newspaper or the broadcasting by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station within the State or in Northern Ireland of any such report or other matter as is mentioned in the Second Schedule to this Act shall be privileged unless the publication or broadcasting is proved to be made with malice.
Agreements for indemnity.
Section 25
25.—An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it.
Evidence of other damages recovered by plaintiff.
Section 26
26.—In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages, or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication.
Obligation on certain newspaper proprietors to be registered under the Registration of Business Names Act, 1916.
Section 27
27.—(1) The proprietor of every newspaper having a place of business in the State shall, where such proprietor is not a company registered under the Companies Acts, 1908 to 1959, and is not required under the provisions of the Registration of Business Names Act, 1916, to be registered under that Act in respect of the business of carrying on such newspaper, be registered in the manner directed by that Act, and that Act shall apply to such proprietor in like manner as it applies to a firm or individual referred to in section 1 thereof.
Saving.
Section 28
28.—Nothing in this Part shall affect the law relating to criminal libel.
FIRST SCHEDULE Enactments Repealed
Section 4.
Part I
Acts of the Parliament of Ireland Session and Chapter Title 28 Hen. 8, c. 7 (Ir.).
An Act of Slaunder.
2 Geo. 1, c. 20 (Ir.).
An Act to limit the time for Criminal Prosecutions for words spoken.
33 Geo. 3, c. 43 (Ir.).
An Act to remove doubts respecting the functions of juries in cases of libel.
Part II
Acts of the Parliament of the late United Kingdom of Great Britain and Ireland Session and Chapter Title 60 Geo. 3 & 1 Geo. 4, c. 8.
Criminal Libel Act, 1819.
3 & 4 Vic., c. 9.
Parliamentary Papers Act, 1840.
6 & 7 Vic., c. 96.
Libel Act, 1843.
8 & 9 Vic., c. 75.
Libel Act, 1845.
32 & 33 Vic., c. 24.
Newspapers Printers and Reading Rooms Repeal Act, 1869.
44 & 45 Vic., c. 60.
Newspaper Libel and Registration Act, 1881.
51 & 52 Vic., c. 64.
Law of Libel Amendment Act, 1888.
54 & 55 Vic., c. 51.
Slander of Women Act, 1891.
SECOND SCHEDULE Statements having qualified privilege
Section 24.
Part I
Statements privileged without Explanation or Contradiction 1. A fair and accurate report of any proceedings in public of a house of any legislature (including subordinate or federal legislatures) of any foreign sovereign State or any body which is part of such legislature or any body duly appointed by or under the legislature or executive of such State to hold a public inquiry on a matter of public importance.
Part II
Statements privileged subject to Explanation or Contradiction 1. A fair and accurate report of the findings or decision of any of the following associations, whether formed in the State or Northern Ireland, or of any committee or governing body thereof, that is to say: (a) an association for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate upon matters of interest or concern to the association or the actions or conduct of any persons subject to such control or adjudication; (b) an association for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession or of the persons carrying on or engaged in any trade, business, industry or profession and empowered by its constitution to exercise control over or adjudicate upon matters connected with the trade, business, industry or profession or the actions or conduct of those persons; (c) an association for the purpose of promoting or safeguarding the interests of any game, sport or pastime, to the playing or exercise of which members of the public are invited or admitted, and empowered by its constitution to exercise control over or adjudicate upon persons connected with or taking part in the game, sport or pastime; being a finding or decision relating to a person who is a member of or is subject by virtue of any contract to the control of the association.
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