- Joe King told his wife Maggie King that Sean Smiley was convicted of the murder of his mother Agnes Smiley. Maggie King told her friend Brenda O’Leary that Sean Smiley was convicted of the murder of his mother Agnes Smiley. When Brenda O’Leary saw Sean Smiley she accused him of murdering his mother. Can Sean take a defamation action against Joe King and Brenda O’Leary?
Firstly it is important to determine whether Brenda O’ Leary can be held for her words against Sean Smiley. If so what type of Defamation had occurred? It is important to distinguish whether the issue was merely general gossip or had defamation actually had occurred. It must be acknowledged whether Sean Smiley had or had not murdered his mother or was it just a false statement.
Under the ‘Defamation Act 2009’, an act of defamation can be described as “the publication, by any means, of a defamatory statement concerning a person to one or more than one person”.[1] Clearly when Brenda O’ Leary accused Sean Smiley of murdering his mother this was an act of defamation. Joe King may have only intended for his wife to hear the gossip about Sean Smiley, but he was also spreading the defamation by telling another person.
The Irish Constitution holds “the State shall, in particular, by its laws, protect as best it may from unjust attack (and, in the case of injustice done, vindicate) the life, person, good name and property rights of every citizen.”[2]Therefore, it can be said Brenda O’ Leary committed an act of defamation.
It is submitted in the case of Kennedy v Hearne, “The Irish High Court specifically acknowledged the role played by the law of defamation in vindicating a citizen’s right to his good name[3]
Now Sean Smiley can argue his case. His good name was being brought down due to the actions of Brenda O’Leary. If Sean Smiley wishes to make a claim for damages, he should ensure that first he can pay for a solicitor, have good strong evidence, was there real damage to his reputation? Finally could Brenda O’ Leary pay for the damages against her?[4]
In conclusion, it is clear to see that Sean Smiley has a good case for defamation. His name was brought down by the acts of others ie. Brenda O’ Leary. It is unclear on what the overall extent of harm caused by the defamation was but Sean Smiley had been publicly targeted and is entitled to receive compensation.
[1] Defamation Act 2009 s 6 [2].
[2] Article 40.3.2°.
[3] Kennedy v Hearne [1988].
[4] Defamation Ireland, “Defamation – How to Claim Damages in Ireland” [2020].
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