In recent blogs I referred to the fact that it is relatively easy these days to seriously attempt to destroy a person’s reputation and get away with it. What you do is you post some utterly untrue and scurrilous remarks on Facebook or on TripAdvisor or on Twitter and if possible you hide your identity. If the injured party tries to chase any of these social media sites, they will be faced with an impenetrable wall of legal protections, which will make it extremely difficult to succeed in an action against any of these social media sites.
Here is something else you can do if you feel like defaming somebody a little closer to home.
The Irish Times website contains a facility that allows you to comment on articles appearing in their newspaper. The website says that these comments are carefully monitored and if they are in any way objectionable, they can be removed without notice. Unfortunately however these are just words and it doesn't happen. I have acted for injured parties who have been seriously defamed by members of the public who make up fictitious names and then say the most outrageous things on these comment pages. You can pursue the Irish Times or any other newspaper that has comment facilities like this but this is always after the event and in my experience, most clients who are defamed in this manner would rather not be defamed in the first place rather than have to pursue a newspaper or anybody else. The big problem in these cases always is that I can make up an entirely fictitious name, defame whoever I like on one of these comment sites and I get away scot-free.
That’s the bad news, here is the good news. At least you have a substantial organisation like the Irish Times or Independent Newspapers who you can pursue and obtain damages from. You can also press these bodies to reveal the identity of the person who is making the comments. As we all know, you can hide on the internet, but not forever. On paper, it might be very difficult to pursue these individuals, who hide under a cloak of anonymity but if a solicitor is determined enough and has the contacts and knowledge necessary to uncover this cloak of anonymity, then the person making these defamatory comments can be tracked down and orders can be obtained.
Kevin Brophy
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