‘Striking the balance of the constitutional protections of free speech and good name in Irish defamation cases’

“Irish defamation cases are increasingly replete with comments stating the need to balance the constitutional right to freedom of expression with the constitutional right to a good name. Article 40.6.1(i) of the Constitution protects ‘right of the citizens to express freely their convictions and opinions’; whilst Article 40.3.2 provides that the ‘State shall … by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the … good name … of every citizen’ …” (more)

[Eoin O’Dell, Cearta, 14 September]

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