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Introduction
Defamation law in Ireland is on the verge of significant overhaul in light of the publication of the Defamation (Amendment) Bill 2024 (the “Bill”) last year.
The Bill represents the latest stage in a long-running process to review and reform defamation laws in Ireland. Following the dissolution of the government on 8 November 2024, the Bill has lapsed, meaning the task of advancing the reform of Ireland’s defamation laws will now fall to the incoming government.
Purpose of the Defamation Bill
The Bill introduces significant reforms aimed at striking a fair balance between protecting individuals' reputations and upholding freedom of expression and journalistic integrity. These reforms include:
The removal of juries in High Court defamation cases
The introduction of a “serious harm” test for defamation actions involving corporate bodies and public authorities
New defences available to retailers and broadcasters
Stronger support for Alternative Dispute Resolution (“ADR”) and
The introduction of anti-Strategic Lawsuits Against Public Participation ("SLAPP") provisions.
Abolition of Juries
Under Part 3 of the Bill, defamation cases in the High Court will no longer be heard by juries. This change follows recommendations from the Review of the Defamation Act 2009 and aims to reduce legal costs, promote consistency in judgments and curb excessive damages awards. If this provision remains in the final legislation, all defamation actions initiated after its enactment will be heard solely by a judge.
Impact on Corporate Bodies and Public Authorities
Part 4 introduces a requirement for corporate bodies and public authorities to demonstrate that they have suffered or are likely to suffer “serious harm” from defamatory statements. The Bill stipulates that this harm must include the prospect of “serious financial loss”, marking a shift away from Ireland’s previous approach, where defamation claims could proceed without proving actual damage. This change aligns Ireland more closely with the defamation standards in the UK.
Defences for Retailers and Broadcasters
The Bill introduces new statutory defences to assist certain groups. Section 8 extends the defence of qualified privilege to include inquiries related to whether a person has made payment for goods or services. This defence applies not only to retailers but also to anyone with a legitimate interest in making such an inquiry.
The Bill also introduces a “live broadcaster defence” for broadcasters who take reasonable steps to prevent the broadcast of defamatory statements during live programming. This applies to statements made by participants or uninvited guests during the show.
Anti-SLAPP Provisions
Part 4A of the Bill includes provisions aimed at tackling SLAPP. These provisions allow the courts to dismiss such cases early on in proceedings and enable defendants to seek costs and damages if the court determines that the claim is abusive.
These changes reflect Ireland’s commitment to implementing the EU Anti-SLAPP Directive, which must be transposed into national law by May 2026.
Support for Alternative Dispute Resolution
The Bill also underscores the importance of ADR. It imposes a duty on solicitors to inform clients about ADR options before initiating defamation proceedings, including the possibility of lodging complaints with the Press Council or using the Coimisiún na Meán ‘Right of Reply’ Scheme.
Additionally, courts are given the discretion to consider a party's participation, or refusal to participate, in ADR when deciding on the allocation of legal costs.
Conclusion
Although the Bill has lapsed, the momentum for reform, coupled with the previous government's commitment to updating Ireland’s defamation laws, suggests that defamation reform will continue to be a priority for the next administration.
Further Information
For further details or expert legal advice on the reform of Defamation laws in Ireland, please contact Dermot McClean or Aisling Shiels in our Litigation & Dispute Resolution Team.