Introduction
On 4 December 2024, Judge David Nolan of the High Court awarded
businessman Peter Casey €140,000 in damages (including
€20,000 in aggravated damages) for a defamatory Facebook post.
While the case was undefended, the judgement is noteworthy as (1)
it is a rare occasion of a Judge awarding damages in a High Court
defamation case, as damages are ordinarily awarded by juries in
such cases; (2) given the paucity of High Court decisions in
defamation cases, it is a rare example of an application by a Judge
of the 2022 guidelines of the Supreme Court in the Higgins
v Irish Aviation Authority case; and (3) it also
indicates what damages might be available for social media posts
depending on how widely the post is read/circulated and the
behaviour of the Defendant.