The newly passed Defamation Bill “will bring considerable reform to defamation law”, the Minister for Justice has said.
“This is an important Bill that balances and safeguards the rights to freedom of expression with the protection of a person’s good name and reputation, and the right of access to justice,” Jim O’Callaghan said.
The Bill passed through the final stage of the Oireachtas on Wednesday after a protracted legislative process. It is the most significant change to defamation law in decades.
It aims to reduce legal costs and delays for all parties in defamation proceedings and to support easier access to justice for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings.
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It also seeks to provide enhanced protection for responsible public-interest journalism and public participation.
Key reforms include change to the role of juries in High Court defamation cases, court powers to compel identification of anonymous posters, simplified defence for publication in the public interest, new defences for retail defamation and live broadcasting, and measures to encourage alternative dispute resolution.
The minister also published the General Scheme of the Strategic Lawsuits Against Public Participation (SLAPP) Bill, which will mirror the provisions in part seven of the Defamation Bill in respect of all other civil and commercial proceedings outside of defamation proceedings. It will complete the transposition of the EU Anti-SLAPP Directive.
The Minister has previously described SLAPPs as abusive legal proceedings taken against someone because of their “engagement in debate, investigation or discussion on a matter of public interest that is uncomfortable to the plaintiff”.
NewsBrands Ireland, the representative body for national print and digital news publishers, welcomed the passing of the Bill.
“This legislation represents a landmark moment for press freedom in Ireland. At a time when journalism globally is under pressure from legal threats, political hostility and economic strain, it is vital that our laws support the media’s role in holding power to account,” NewsBrands Ireland chief executive Ann Marie Lenihan said.
“Crucially, the removal of juries ends the era of ‘chilling effect’ awards and delivers a more proportionate system.”
