Can Sean take a defamation action against Joe King and Brenda O’Leary?

In order to establish defamation, it must be more than just general gossip. It must be a false statement that harms a persons reputation and/or a persons business’s reputation. (Defamation Act 2009, Section 6(2)).

The Defamation Act 2009 sets out that defamation is split into the tort of libel and slander(1). In this case, slander is used against Sean Smiley, as Joe King told his wife Maggie King that Sean Smiley was convicted of murdering his mother. Before Sean takes a case he has to be innocent of the said crime.

It is apparent that Joe King injured Sean Smiley’s reputation by telling his wife that Sean was convicted of the murder of his mother. However, Brenda did not pass on that Sean was convicted of murdering his mother. She only said it to his face. Therefore, it is not defamation as Brenda was not intending to harm Sean Smiley’s reputation.

It is stated in the Constitution under Article 40.3.2 that every individual has a right to a good name(2). This means that no person should harm that persons name. Therefore, Sean Smiley has a right to a good name.

In conclusion, Sean Smiley can take a defamation action against Joe King because Joe made up a false statement about Sean intending to harm Sean’s reputation and Sean’s right to a good name. However, Sean Smiley cannot take a defamation action against Brenda O’Leary as Brenda must have told a third party that Sean was convicted of murdering his mother. But she did not pass on this false statement, she merely accused Sean of murdering his mother based on the information that was passed on to her.

[1] Defamation Act 2009

[2] Article 40.3.2