(2 min read)
Defamation Law in Ireland is set to be overhauled following the publication of the Defamation (Amendment) Bill 2024, which will have significant effects on the media, retail and digital sectors along with private individuals. The Bill comes in the wake of unpredictable and increasing high levels of awards of damages, costly and lengthy High Court jury trials and what many consider the abusive use of defamation proceedings to silence investigation and debate on matters of public interest.
The Government has taken significant steps towards reforming the defamation landscape in Ireland with the introduction of the Defamation (Amendment) Bill 2024. The full text of the Bill is set to be published next week and is due to come before the Dáil in Autumn.
The long-awaited Bill comes in the wake of extensive public engagement with stakeholders including media outlets and members of the judiciary.
Among the key objectives of the Bill, is the abolishment of juries in High Court Defamation cases in a bid to reduce disproportionate and unpredictable awards and to reduce delays, ensuring easier access to justice for victims of defamation, and bolstering the protections for responsible journalism in the public interest.
The Bill also aims to deter the abusive use of unfounded defamation proceedings, including Strategic Lawsuits Against Public Participation (SLAPPs), which are internationally recognised as having a chilling effect on public interest journalism and freedom of the press.
The legislation also promotes prompt corrections and apologies where mistakes are made, to be published in similar prominence to the defamatory publication. These measures are complemented by provisions which encourage the use of alternative dispute resolution (ADR) mechanisms to reduce legal costs and delays for all parties involved.
Several further key reforms are being finalised and Minister Helen McEntee plans to introduce amendments during the Bill's passage through the Oireachtas. These include a clearer defence of fair and reasonable publication in the public interest and a statutory power for the Circuit Court to issue a ‘Norwich Pharmacal’ order against digital service providers, compelling them to reveal the identities of anonymous individuals posting defamatory material online.
Moreover, the Bill proposes a novel defence mechanism for broadcasters against liability for defamatory statements made live, provided reasonable precautions are taken. Additionally, it introduces a statutory defence for retail defamation cases, addressing the surge in verbal defamation claims against retail businesses, particularly affecting small and medium-sized enterprises (SMEs).
Further briefings will appear on our website as the Bill progresses through the Dáil in Autumn.
