Following the introduction of the Defamation Act 2009 (the “2009 Act”), the torts of libel and slander in Ireland have been replaced by the tort of defamation. In order to succeed in a defamation action, the plaintiff has to show that there was a publication of a defamatory statement concerning him/her to one or more third parties. There are three essential ingredients that must be present in order for the statement/action to be defamatory:
- It must be published
- It must refer to the plaintiff
- It must be false