| Abstract |
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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