Defamation Defences

Opinion and Fundamental Rights

A defence of honest opinion may be available.  The defence expresses the right to freedom of speech principle under the Irish Constitution of the European Convention on Human Rights.  One important aspect of this is the freedom of the press to comment on matters of public interest in a democratic society.

The European Convention on Human Rights provides that everyone has the right to freedom of expression.  The right includes the freedom to hold opinions and to receive and impart information and ideas, without interference by public authority and regardless of frontiers. Article 40.6of the Constitution provides

The State guarantees liberty for the exercise of the following rights, subject to public order and morality, the right of the citizens to express their convictions and opinions freely.

The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.