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ARTICLE · 03 MARCH 2014

Court Considers Internet Defamation And Jurisdiction

The question of jurisdiction for the purpose of bringing defamation proceedings is complicated by the online publication of material.

IrelandLitigation, Mediation & Arbitration

The question of jurisdiction for the purpose of bringing defamation proceedings is complicated by the online publication of material. A recent case1 addressed whether Irish courts have jurisdiction to deal with defamation proceedings if the alleged online defamation was published by a party not domiciled in Ireland and if the publication has been accessed by parties outside of Ireland only.

Background

The case involved an appeal to the High Court from circuit court proceedings where the applicant sought an order under the Defamation Act 2009 declaring that certain statements published by the respondent online allegedly questioned the applicant's creditworthiness and were false and defamatory to the applicant. The applicant also sought other orders under the act directing the respondent to publish a correction of the allegedly defamatory statements and prohibiting further publications.

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