Minister for Justice Jim O’Callaghan has announced the passage of the Defamation (Amendment) Bill through both houses of the Oireachtas.
The Programme for Government commits to ‘pass the Defamation Bill to balance freedom of expression with protections for individuals’ good name and reputation,” per the Minister.
Minister O’Callaghan 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.”
“The Bill aims to reduce legal costs and delays for all parties in defamation proceedings; to support easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings; and to provide enhanced protection for responsible public-interest journalism and public participation.”
“The Bill takes into account recommendations made following a major review of the Defamation Act 2009, published in March 2022.”
“It will bring considerable reform to defamation law,” he said.
Key reforms in the Defamation (Amendment) Bill include:
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- reform of the role of juries in High Court defamation cases;
- statutory jurisdiction for the Circuit Court to make orders requiring identification of anonymous posters of defamatory material;
- an amended and simplified defence for publication in the public interest;
- new statutory defences for ‘retail defamation’ cases and for live broadcasting;
- the introduction of a ‘serious harm’ test for bodies corporate;
- measures to encourage alternative dispute resolution including a revised ‘offer of amends’ procedure;
- the introduction of safeguards to prevent abusive proceedings against public participation (SLAPPs) including early dismissal, security for costs and the ability for targets of SLAPP proceedings to seek declarations, more generous costs orders and damages.
Safeguards for targets of strategic lawsuits against public participation (SLAPPs) are provided for in Part 7 of the Defamation Bill to prevent misuse of defamation laws to stifle public participation and public interest reporting.
The Minister also published the General Scheme of the Strategic Lawsuits Against Public Participation Bill, which will mirror the provisions in Part 7 of the Defamation Bill in respect of all other civil and commercial proceedings outside of defamation proceedings. It will also complete transposition of the EU Anti-SLAPP Directive.
Announcing the publication of the General Scheme the Strategic Lawsuits Against Public Participation Bill, Minister O’Callaghan continued:
“Strategic Lawsuits Against Public Participation (SLAPPS) are recognised, nationally and internationally, as a significant challenge to press freedom, and a danger to democracy itself, given the effect they have on the work of investigative journalists and others including those involved in protection of human rights.
“The EU Anti-SLAPP Directive requires minimum protective measures to be available for those targeted by manifestly unfounded or abusive civil proceedings as a result of their engagement in matters of public interest.
“Our legislation will however go beyond the minimum requirements of the directive – in that it will apply to all defamation proceedings not just to those with cross-border implications”
The protective measures regarding SLAPPs include:
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- accelerated court determination of an application for the court to strike out proceedings which are argued to be manifestly unfounded;
- a mechanism to seek a court declaration identifying unfounded and abusive proceedings as a SLAPP;
- provision for the court, if it sees fit, to award costs (on a basis which is more favourable to the defendant than the usual) where the court has declared the proceedings at issue to be a SLAPP; and
- the ability for targets of proceedings declared to be a SLAPP to seek damages in compensation for any harm suffered as a result of those proceedings.