370571 Mon Feb 12 20:01:08 -0800 2007 10 33 Food Media and News 0 2286797 The Irish News must pay the settlement, plus court costs, to a west Belfast Italian restaurant owner after a jury found a food critic's review to be defamatory. Journalist Caroline Workman's August 2000 review criticized the quality of food and drink, the staff and the smoky atmosphere in the Kennedy Way premises. Owner Ciarnan Convery claimed the article was a "hatchet job." http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/6343535.stm Mon Feb 12 20:01:08 -0800 2007 12588 Mattapoisett in LA 1 2286845 Have not found the original review, but this might do http://bestofbothworlds.blogspot.com/2007_02_01_archive.html#8580864618696576918 Mon Feb 12 20:18:02 -0800 2007 2286797 12588 Mattapoisett in LA 1 2286849 My guess is it will be overturned on appeal. But, I am no expert in Irish law, so there you go. That being said, American juries that hear such cases almost always find for the restaurant and give some sort of compensation. However, I have yet to hear of a jury award against a restaurant critic that has survived an appeal. Thankfully, restaurants and restaurant owners are automatically considered "public figures" in the U.S., so proving libel or slander in the U.S. means having to show malice. That is almost impossible to do. Mon Feb 12 20:18:57 -0800 2007 2286797 10633 Seth Chadwick 2 2290247 In Belfast, that would still be English law. Their libel and slander laws are absurd and chilling to free speech. Don't bet on the appeal. Tue Feb 13 17:22:50 -0800 2007 2286849 12059 ko1 3 2360341 you mean British law! Tue Mar 06 21:01:16 -0800 2007 2290247 22559 smartie 2 2293375 Do you have any pointers to libel decision where the jury found for the restaurant? Might be amusing to read some. Wed Feb 14 14:35:34 -0800 2007 2286849 11369 Robert Lauriston 3 2293641 Robert, Let me do some research and I will post a few links soon. I read them a few months ago, but can't remember the details. Wed Feb 14 15:51:29 -0800 2007 2293375 10633 Seth Chadwick 1 2293497 No, but there have been a lot of American writers successfully sued in Britain, where there was no case against them in the States. Wed Feb 14 15:10:50 -0800 2007 2286797 12059 ko1 1 2293972 As promised to Mr. Lauriston, here are a couple of links on juries awarding restaurants damages for critical reviews that may help. I think you would have to search Lexis-Nexis for the trial court decisions, but this is at least a start. http://www.findarticles.com/p/articles/mi_qn4188/is_20030811/ai_n11408758 (the last few paragraphs address two court cases) http://law.bepress.com/cgi/viewcontent.cgi?article=3506&context=expresso (a pdf document that is a discussion on restaurant reviews and libel law that has some case citations). I hope that helps in some way, Robert. I don't have access to Lexis-Nexis, otherwise I would provide you with citations. My apologies. Wed Feb 14 17:48:47 -0800 2007 2286797 10633 Seth Chadwick 1 2294644 Whatever you will or won't say for US law and for media control, etc., etc., legally speaking we do indeed have the freeest speech in the world. This wouldn't have gone beyond the very initial stages here if they were willing to pay hourly to bring the suit - no lawyer would take it on contingency, but successful libel actions against newspapers are actually pretty common in the UK and other Commonwealth countries. No one gets very bent out of shape about it, and it's considered another cost of doing business. (And they, conversely, are sometimes shocked at what you can say freely here, with little if any fear of reprisal.) Thu Feb 15 02:34:17 -0800 2007 2286797 11980 MikeG 2 2360262 Yes. It's different in the US, thank goodness. Tomorrow's NY Times has an article about it, entitled "Serving you tonight will be our lawyer" http://www.nytimes.com/2007/03/07/dining/07lega.html Tue Mar 06 20:22:09 -0800 2007 2294644 11362 Brian S