Online articles are not defamatory

Injunctions – application to remove articles on newspaper website – publication of articles making difficult for him to get employment – freedom of speech - when a court is entitled to make an order prohibiting the publication of a defamatory statement - test to a matter of judicial opinion - should be no doubt but that the words complained of were defamatory - definition of defamatory – relevant test - chronology of events – Circuit Court determined that he had not made a protected disclosure pursuant to Protected Disclosures Act, 2014 – relevant articles – inaccuracies and divergences do not involve a statement that would or does injure his reputation in the eyes of reasonable members of society – applicable law - court has to be satisfied that the material complained of was unarguably defamatory - burden of proving the defamatory nature of the material complained of rests on the plaintiff - prove not merely that there was a serious question to be tried, but that her/his case is absolutely clear – prove that no defence reasonably likely to succeed - burden of proving the existence of a defence that is reasonably likely to succeed rests with the defendant - nothing in the technology-neutral wording of the provision to suggest that internet publications fall to be treated differently from other publications – importance of Court reports - privilege afforded Court reports - court reports that are “fair and accurate” attract privilege – principles governing court reports - date on which the articles are to be treated as having been published - defence of absolute privilege is open – no defamatory statements.