Social Media & Defamation: Ireland’s Legal Landscape

Reputation is one of the most valuable assets for individuals and companies alike, and defamation law provides protection against reputational harm. While the core principles of defamation remain centuries-old, the rise of social media and anonymous online commentary has created complex challenges for legal professionals.

This course provides a comprehensive update on the current law in the Republic of Ireland, explores reforms under the Defamation (Amendment) Bill 2024, and examines recent case law including Stillorgan Gas v Manning & Manning [2025] and Adams v BBC [2025]. Participants will gain practical insights into how defamation claims via traditional and new media are treated, the liability of platforms, and strategies for advising clients effectively in the digital age.

Key learning outcomes and topics covered in this course include:

• Fundamentals of Defamation Law: An overview of the Defamation Act 2009, including the definition of defamatory meaning, strict liability, and the "reasonable member of society" test.
• Legislative Reforms: A detailed look at the Defamation Amendment Act, covering the abolition of jury trials in the High Court, the new "serious harm" test for corporate bodies, and updated defenses for broadcasters and retailers.
• Digital Defamation Challenges: Understanding how publication is proved online, the legal distinction between "liking," "sharing," and hyperlinking, and the concept of a "casual medium" in assessing defamatory meaning.
• Anonymity and Identification: The procedural complexities of identifying anonymous users, including the use and limitations of Norwich Pharmacal orders against social media platforms.
• Intermediary Liability: An analysis of the liability of internet service providers, search engines, and social media platforms under the Digital Services Act and the Online Safety and Media Regulation Act.
• Comparative Jurisdictions: A comparative review of how Irish defamation law differs from the UK and the USA, specifically regarding serious harm thresholds and platform immunity.
• Recent Case Law: A review of significant recent judgments, including cases involving Conor McGregor, Gerry Adams, and the first Irish award for a defamatory online review.