Good Name, Social Belonging and the Reform of Irish Defamation Law

In the spring of 2024, Ireland awaits the publication of a new defamation bill that will significantly reform the Defamation Act 2009 and will, it is believed, do so in a manner that for the most part favours the publisher of allegedly defamatory material. In this lecture, Prof Cox seeks to outline the key arguments as to the importance of good name and why this right should be so strongly protected in a fractured society.  

Good name or reputation is something enjoyed in the community and is based on the judgement that a community makes about the worth of one of its members. As a result, good name is fundamental to someone’s sense of belonging within any community and unfair loss of good name through defamation can lead to deep social isolation and resultant social fracturing. A defamation verdict, from a jury and in favour of the victim by contrast is a redemptive counterweight to the community’s earlier negative judgement flowing from the defamation, which restores the previous good name of that victim, rehabilitates them into the community and promotes social cohesion. What this means is that a strong protection for a right to a good name is critical in so far as preventing social fracturing is concerned and the sight of circuses like the ‘Wagatha Christie’ trial or the spectre of Strategic Lawsuits against Public Participation does not negate this principle.

This was always true but is especially so in a social media era where many people -  and especially generation Z - live out their lives in contexts which are based on the publication of statements, where reputation is all important and particularly susceptible to being undermined, where there is a proven connection to loneliness and social isolation and where the risk of fractured societies is exponentially higher than it has been before.

About Prof Neville Cox 

Neville Cox is Professor of Law and Morality in Trinity’s Law School where he has been a lecturer since 1996. Since 2021 he has also been the College Registrar. Between 2016 and 2020 he was the University’s Dean of Graduate Studies. As a lecturer, he was an early recipient of a Provost’s Teaching award. He has been a visiting professor in many US law schools, notably University of San Francisco, Washington & Lee law school and Indiana University Bloomington. He was formerly a practising barrister working in particular in the areas of defamation and employment law.

He is the author of multiple books, most recently Behind the Veil (2019), with Eoin McCullough SC Defamation law and Practice (2022) and with Mark Connaughton SC and Val Corbett Employment Law in Ireland (2022). He is also the author of numerous articles published in leading national and international peer reviewed journals. His work, which is regularly cited in judgments of the superior courts has focused on the relationship between rights – especially the rights to freedom of expression, good name and freedom of religion – and competing social and moral principles.

About Inaugural Lectures

It is the tradition in that newly appointed Professors in Trinity are invited to give an Inaugural Lecture. The lecture represents the official recognition of their appointment to Professor and the lecture itself provides an opportunity to showcase their achievements in research, innovation, engagement and teaching activities before an audience of members of the University community, invited stakeholders and the general public. An inaugural lecture is a significant event in an academic staff member’s career.