Case Law, Strasbourg: Independent Newspapers v. Ireland: €1.25 million defamation award against newspaper violated Article 10 – Ronan Ó Fathaigh

Inforrm's Blog

The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still significant for signalling to Irish courts that unpredictably high damages have a “chilling effect,” and require the “most careful scrutiny” and “very strong justification.”

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