Reilly v Iconic Newspaper Ltd (Approved) [2021] IEHC 490 (13 July 2021)

Reilly v Iconic Newspaper Ltd (Approved) [2021] IEHC 490 (13 July 2021)

There was no evidence upon which a jury could reasonably find that the article was not a fair and accurate report of the court proceedings; the defence of absolute privilege applies as a matter of law, and the case must be withdrawn from the jury.

Citation
[2021] IEHC 490
Parties
Plaintiff: Michael Reilly; Defendant: Iconic Newspaper Limited
Jurisdiction
Ireland
Judgment Date
13 July 2021
Procedural Posture
Defamation / Ruling on Application to Withdraw Case From Jury at Conclusion of Evidence
Outcome
Case withdrawn from jury; judgment for defendant.
Legal Topics
Absolute Privilege, Fair and Accurate Reporting, Defamation Act 2009, Jury Withdrawal
Defamation Media Law Absolute Privilege Fair and Accurate Reporting Defamation Act 2009 Jury Withdrawal

Case Brief

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Parties

Michael Reilly

Plaintiff

Iconic Newspaper Limited

Defendant

Procedural Posture

Defamation / Ruling on Application to Withdraw Case From Jury at Conclusion of Evidence

Legal Issues

  1. 1 Whether the article constituted a fair and accurate report of court proceedings
  2. 2 Whether the defence of absolute privilege under s.17(2)(i) of the Defamation Act 2009 applies
  3. 3 Whether there was any evidence upon which a jury could reasonably find for the plaintiff

Ratio Decidendi

There was no evidence upon which a jury could reasonably find that the article was not a fair and accurate report of the court proceedings; the defence of absolute privilege applies as a matter of law, and the case must be withdrawn from the jury.

Court Disposition

Case withdrawn from jury; judgment for defendant.

Orders

  • Case withdrawn from jury
  • Plaintiff's action fails