Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank the Deputy for the contribution. In a situation like that, if an individual was very associated with a company, the individual could take an action in their own name on the basis that they have been defamed because an entity with which they are very clearly associated, and it is known to the public that they are associated, has been defamed. In that instance, an individual could take a defamation action in respect of it. It is difficult to give categoric assurances in respect of the type of example the Deputy gives, but what will remain throughout is the entitlement of an individual to take a defamation action.

If I am somebody who owns a series of companies and false statements are made about those companies which are very damaging, not just to the companies but to me, I then have an entitlement to take a defamation action because the companies, which are alleged to be involved in wrongdoing, reflect very much on me. There is not an absolute cut off point where, if it is a company being defamed, only the company can take the action. If an individual is very much associated with the company in the eyes of the public or even referred to in the publication, there are instances where that individual could take an action as well.

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