Bird v Iconic: Qualified Privilege Defence Doesn't Fly With Supreme Court

Introduction

A recent Supreme Court ruling delivered by Judge Maurice Collins has dismissed an appeal by Iconic Newspapers that the common law or statutory defence of qualified privilege under section 18(2) of the Defamation Act 2009 extended to publications to the world at large and media publications. The Supreme Court upheld the High Court award of €75,000 to Mr William Bird concluding that the published article was in fact defamatory.¹

Background

On 08 June 2016, Iconic Newspapers ("Iconic") published an article regarding the Tax Defaulters List in its Limerick Leader newspaper. The Tax Defaulters List includes the names of people and companies who have received a fine or penalty from the Revenue Commissioners with respect to the underpayment or under declaration of taxes and also lists those who have entered into settlement agreements with the Revenue Commissioners. In its publication the Limerick Leader noted that "funfair/amusement activity operator