Independent Newspapers looks set to challenge Ireland's
defamation laws after reportedly filing papers with the European
Court of Human Rights. The challenge concerns a €1.87 million
damages award made against Independent Newspapers in 2009, the
highest ever such award at that time, following its publication of
a number of defamatory articles about the PR consultant, Monica
Leech.
While the Supreme Court subsequently reduced the award on appeal
to €1.25 million, the media group will nevertheless contend
that Ireland's defamation laws, in allowing for such a large
award, is incompatible with the right to freedom of expression
under the European Convention on Human Rights. The
"serious chilling effect" that the award has on
freedom of expression is said by Independent Newspapers to be a
consequence of inadequate domestic safeguards to mitigate against
disproportionately large awards.
