Corway v. Independent Newspapers (Ireland) Ltd. [1996] IEHC 27; [1999] 4 IR 484; [1997] 1 ILRM 432 (23rd October, 1996)

Corway v. Independent Newspapers (Ireland) Ltd. [1996] IEHC 27; [1999] 4 IR 484; [1997] 1 ILRM 432 (23rd October, 1996)

The applicant failed to establish a clear prima facie case of blasphemous libel because the cartoon did not constitute an attack on any tenet or doctrine of the Christian religion, thus lacking the essential actus reus of the offence. Even if the actus reus were present, public interest did not require the institution of criminal proceedings.

Citation
[1996] IEHC 27
Parties
Applicant: John Corway; Respondents: Sunday Independent & Others
Jurisdiction
Ireland
Procedural Posture
Application for Leave to Commence Criminal Prosecution for Blasphemous Libel / High Court Judgment on Application Under Section 8 of the Defamation Act, 1961
Outcome
Application refused
Legal Topics
Blasphemous Libel, Freedom of Expression, Defamation, Public Interest in Prosecution
Criminal Law Constitutional Law Media Law Blasphemous Libel Freedom of Expression Defamation Public Interest in Prosecution

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Parties

John Corway

Applicant

Sunday Independent & Others

Respondents

Procedural Posture

Application for Leave to Commence Criminal Prosecution for Blasphemous Libel / High Court Judgment on Application Under Section 8 of the Defamation Act, 1961

Legal Issues

  1. 1 Whether the cartoon published in the Sunday Independent constitutes a prima facie case of blasphemous libel under Irish law
  2. 2 Whether the actus reus and mens rea for blasphemous libel are established
  3. 3 Whether public interest requires the institution of criminal proceedings

Ratio Decidendi

The applicant failed to establish a clear prima facie case of blasphemous libel because the cartoon did not constitute an attack on any tenet or doctrine of the Christian religion, thus lacking the essential actus reus of the offence. Even if the actus reus were present, public interest did not require the institution of criminal proceedings.

Court Disposition

Application refused

Orders

  • Leave to commence criminal prosecution for blasphemous libel is refused