11.4 Defamation
Defamation occurs when a statement is made about a person or persons, and when that statement has the effect of lowering the public esteem enjoyed by the person/s about whom it is made. Defamation can occur through spoken comment. This is called slander. Or it can occur in written or broadcast form. Such published or permanent form is called libel.
Occasionally, parents or students complain to the Department of Education and Science or to the Board of Management about teachers. Such complaints (written or verbal), if they contain unfounded accusations, may be defamatory and actionable. However, the teacher would have to prove that malice had been intended by the author of the complaint/s.
If the Department of Education and Science receives a complaint about a teacher, and passes details of the complaint on to the Board of Management, the communication between the Department and the Board is privileged and not actionable even if the complaint is unfounded.
Defamation of Students by Teachers
A student or his/her parents may well regard comments made in a school report or in a school testimonial as being defamatory.
Such reports, which are associated with one’s duties, are usually protected by privilege, but comment must be fair and without malice intended.