Defences against defamation cases include justification or
truth, absolutely privilege, qualified privilege, fair comment, along with less
common defences such as consent and apology. DD1 ‘A
true statement cannot be actionable in a civil claim for damagesDD2 ‘.
Justification is the most effective defence against defamation cases. It is
important for the defendant to remember that while justification may defend
efficiently against a defamation case, there is still the obstacle of privacy,
Article 40.3, being infringed. (Healy, 2009)
personally find absolute privilege to be an intriguing method of defence. This
permits immunity from any criminal or civil liability for acts done while in
official capacity and is enjoyed ‘under European Community law by a wide
variety of bodies and individuals, including officials and servants’. As the positions
go down, absolute privilege to down-graded to qualified privilege, enjoyed by
local authorities for example. I DD4 feel
this raises a question of the integrity of the Defamation Act and brings it
slightly into disrepute among regular members of society. (McDonald, 1989)
A defence of fair comment confers protection against
liability for those who make defamatory statements which contain fair comments
on matters of public interest. Finally, the simplest form of defence is
apology. This does not, on its own, affects a publisher’s liability in respect
of a statement but, in certain circumstances, an apology can help establish a
defence to an action. Defamation Act 2009 would of course affect freedom of
expression and libel. While it is important that media can report of matters of
public interest, this can create a fear of publishing particular content that
may land them in hot water with the law.
Another media policy which plays a huge role in Ireland is
the Broadcasting Act of 2009. The Broadcasting Act sets framework for
broadcasting services in Ireland. It consolidates all Irish broadcasting
content related legislation in a single act. It established a new authority the
Broadcasting Authority of Ireland (BAI) which plays the roles of the
Broadcasting Commission of Ireland (BCI) and Broadcasting Complaint Commission
(BCC) and a range of new other watchdog functions.
The Broadcasting Act also plays a role in board
appointments, standards of content that is broadcasted, TV license applications
and funding provided to broadcasting in Ireland. I feel the Broadcasting Policy
should come down harder on the creation of media empires within Ireland. This
policy has clearly not affected the fact that such a huge amount of media is
controlled by such a small amount of corporations or individuals. (Dep. Of
In truth, its probably the lack of another policy after the
Broadcasting Policy that has the most effect on Ireland’s media. The lack of an
effective policy which regulates the huge media concentration that exists in
Irish media. Lack of media plurality and increased media ownership concentration
has become a highlighted issue recently across Europe, Ireland being no
different if not worse than many for a very small number of businesses and
individuals controlling a large quantity of media. Unless amendments can be
made to the Broadcasting Act to make a difference with media ownership, then
there must be further legislation creates to regulate potential purchases of
How these corporations such as Communicorp and
Denis O’Brien have managed to build up these media empires is now being questioned.
Silvio Berlusconi and Rupert Murdoch are examples of media moguls in Italy and
Britain respectively, and these positions allow them to have monumental
influence and say on news agendas and the content that audiences consume.
Concerns for Irish media has been raised at national, European and
International level now and the risks that are being
you explain what these terms mean?
is this citation from? Also integrate your quotations: https://www2.ivcc.edu/rambo/eng1001/quotes.htm
avoid using the first person (i.e. ‘I’) in formal, scholarly writing.