Press release
Minister McEntee and Minister Browne publish Defamation Bill
Published on
Last updated on
Published on
Last updated on
• Robust, fair and proportionate legislation will meet the challenges of an increasingly complex media landscape
• Abolition of juries in High Court defamation actions will reduce disproportionate and unpredictable awards
• Protections against SLAPP proceedings, which are recognised internationally as a threat to press freedom and democracy
• Range of provisions to support agreed resolution of defamation cases and reduce high legal costs
Minister for Justice Helen McEntee TD and Minister of State for Law Reform James Browne TD have received Government approval to publish the Defamation (Amendment) Bill 2024.
The full text of the Bill will be published on the website of the Houses of the Oireachtas next week.
The Bill provides for a range of reforms to address concerns raised by stakeholders during the public consultation on review of the Defamation Act 2009. Its publication marks significant progress on the Programme for Government commitment to review and reform our defamation laws.
Minister McEntee said:
“Our democracy needs defamation laws that meet the challenges of an increasingly complex media landscape.
“The overarching aim of this Bill is to safeguard freedom of expression, the right to protection of good name and reputation, and the right of access to justice.
“The legislation will abolish juries in High Court defamation cases, which will reduce the likelihood of disproportionate awards of damages, significantly reduce delays and legal costs, and reduce the duration of court hearings.
“The Bill also introduces protective measures for those targeted by Strategic Lawsuits against Public Participation proceedings (SLAPPs), where a plaintiff launches unfounded defamation proceedings against an individual or an organisation in order to silence responsible investigation, discussion or debate on matters of public interest.
“SLAPPs are recognised internationally as a significant challenge to press freedom and democracy, given the chilling effect they have on the work of investigative journalists and others.”
The main purposes of the Bill are to:
• tackle disproportionate awards, and support more consistent, proportionate and predictable redress in defamation cases, including the abolition of juries in High Court defamation cases;
• support easier access to justice for individuals whose reputations are unfairly attacked;
• provide that, if a person is defamed, the correction must be the same or similar prominence to the defamatory publication;
• provide enhanced and clearer protection for responsible public interest journalism;
• reduce legal costs and delays for all parties, by supporting the use of alternative dispute resolution (ADR) and by measures to encourage prompt correction and apology, where mistakes are made; and
• deter abusive use of unfounded defamation proceedings, particularly SLAPPs
Several further key reforms are being finalised, which Minister McEntee will bring as Government amendments during the Bill’s passage through the Oireachtas.
These include the clearer and simpler defence of fair and reasonable publication in the public interest, which is particularly important to protect responsible public interest journalism.
They also include a statutory power for the Circuit Court to issue a ‘Norwich Pharmacal’ order, directing a digital services provider to identify an anonymous poster of defamatory online material – this will significantly reduce the legal costs for a person subjected to such comments. We are also working on a power for the courts to award damages for harm suffered by a person targeted by SLAPP proceedings.
Welcoming publication of the Bill, Minister Browne added:
“We have taken the time to get this Bill right and to ensure that our defamation legislation is robust, fair and proportionate.
The Bill also includes a new defence for broadcasters against liability for a defamatory statement made by a contributor during a live broadcast, if the broadcaster can show that it took reasonable and prudent precautions before and during the broadcast to prevent this.
“A new provision in claims of ‘transient retail defamation’ will address concerns, particularly among small and medium businesses, about a large recent increase in unfounded claims of defamation made against retailers.”
The Bill will introduce a new statutory defence in ‘retail defamation’ cases, which is in response to stakeholder concerns about a large recent increase in claims of verbal defamation made against retail businesses, particularly against SMEs.
The Circuit Court has repeatedly held that it is not defamatory, for example, simply to ask a person who walks past the checkout to leave the shop with goods, to produce a receipt for them; or to explain that a banknote cannot be accepted in payment, if it does not seem to be legal tender. Nevertheless, defamation claims in such cases are now generating significant extra legal and insurance costs for these businesses.
The Bill addresses the problem by providing a new statutory defence for the retailer, which builds on the defence of qualified privilege. The new defence does not apply if the retailer is acting with malice, or if the retailer’s comments are publicised excessively, when discretion could have been used.
The Bill gives effect to the General Scheme for a Defamation Amendment Bill which was approved and published by Government on 28th March 2023. It responds to the Report of the Review of the Defamation Act, published in March 2022, which was informed by an extensive public consultation.
The Bill also takes account of the pre legislative scrutiny report on the General Scheme, published by the Oireachtas Joint Committee on Justice on 27 th September 2023.
ENDS../
Notes for Editors
The key changes provided for by the Defamation (Amendment) Bill are as follows:
a) Abolition of juries in High Court defamation proceedings
b) Protective measures against SLAPPs
c) New defence for live broadcasts where the broadcaster has taken reasonable and prudent precautions
d) ‘Retail defamation ‘ claims - new statutory defence
e) Support for Alternative Dispute Resolution and agreed settlements – reform of ‘offer of amends’ and lodgement procedures