Harmful posts, hidden identities: your legal options in Ireland

A damaging post can spread before you know who published it. For individuals and businesses, the immediate questions are practical: can it be removed, can the author be identified, and can the platform be held responsible? Irish law offers several routes, but the right response depends on the content and the evidence.

Can the content be removed?

Start by preserving screenshots, exact URLs, dates and the surrounding conversation. Report the material through the platform’s illegal-content mechanism where appropriate, identifying the specific post and explaining its alleged unlawfulness. Under Article 16 of the EU Digital Services Act, a sufficiently detailed notice should include your contact details and a statement of your honest belief in its accuracy. Harmful content may also breach platform rules even where it is not unlawful.

For defamatory statements, section 33 of the Defamation Act 2009, as amended by the Defamation (Amendment) Act 2026, allows an order restraining publication where the court is satisfied that the statement is defamatory and no defence is reasonably likely to succeed. Court relief is therefore subject to a demanding test; criticism or offence alone does not establish entitlement to an injunction.

Can an anonymous author be identified?

Section 22 of the 2026 Act inserted section 45 into the 2009 Act, creating a Circuit Court identification-order procedure. It commenced on 1 March 2026.

The application must be made in good faith, on notice to the intermediary. The court must be satisfied, among other matters, that the defamation claim is likely to succeed, the information is necessary and likely held by the provider, and no other practicable means of obtaining it exists. Disclosure must also be justified after balancing the competing rights. Conditions can restrict use of the information, and the applicant may have to pay the provider’s costs.

An order is not a guarantee of identification: the usefulness of disclosed information depends on what records exist. Early advice about preserving relevant account information can therefore be important.

Can a platform be liable?

A platform is not automatically liable for everything a user posts. Article 6 of the Digital Services Act provides a conditional hosting exemption involving knowledge of illegality and expeditious action to remove or disable access once the relevant knowledge or awareness arises. A notice can establish that knowledge where it makes illegality identifiable without detailed legal examination; a disputed allegation does not automatically do so.

Losing an exemption does not itself prove liability: the underlying cause of action must still be established. Section 27 of the 2009 Act also contains an innocent-publication defence with its own conditions.

Coimisiún na Meán can receive complaints about failures in platforms’ reporting and complaints systems. It is not a service that orders immediate removal of an individual post.

When does the criminal law apply?

Some conduct also warrants a Garda report. Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020 addresses threatening or grossly offensive communications with the required intent to cause harm. Harassment and non-consensual intimate-image sharing may engage other offences. Not every abusive post is criminal; the statutory elements and context matter.

Act promptly and preserve your options

Avoid retaliatory posts or naming someone you merely suspect. Keep evidence, record reports and responses, and obtain advice on the author, the platform, jurisdiction and the remedy sought. Defamation claims generally have a one-year limitation period, with extension to no more than two years subject to statutory conditions. Do not assume that reporting a post to a platform stops that clock.

Advice and consultations

If harmful online content is affecting you or your business, contact David to discuss the appropriate next step. Direct access is available for suitable non-contentious advice. Contentious matters require a solicitor; David can recommend a suitable law firm to instruct him, or work with your existing solicitor.

David Danagher BL
David.danagher@lawlibrary.ie
+353 83 396 2899
Request a consultation

General information on Irish law as at 23 October 2026. The appropriate remedy depends on the facts and applicable law.