LAST UPDATE | 28 Mar 2023
JUSTICE MINISTER SIMON Harris has announced plans for sweeping reform of Ireland’s defamation laws, which he said will protect public-interest journalism and reduce the legal costs and delays in making a claim.
The Defamation (Amendment) Bill, which was published by Helen McEntee last year, aims to tackle the issue of defamation as a “rich man’s law”.
It will also provide “stronger and clearer legal protection for responsible public-interest journalism”.
Ireland’s defamation laws have been criticised for constraining media freedom due to the high costs involved in defending a claim.
Speaking to reporters today, Harris said Cabinet approval of the Bill was “a moment of real progress”.
“Democracy cannot truly flourish without robust protection for the right of freedom of expression.”
He said the “single biggest reform” in the Bill was the abolition of juries for High Court defamation cases, a move which he said would reduce the likelihood of disproportionate and unpredictable awards, as well as high legal costs.
The issue of so-called “strategic lawsuits against public participation” (SLAPPs) has also been cited in the new reforms as imposing a chilling effect on investigative journalism.
Such cases involve censoring or silencing journalists or other individuals or groups by pursuing legal cases with potentially exorbitant costs, in order to get those making critical remarks to abandon their criticism or opposition.
The proposed new laws will combat such “abusive defamation cases, including innovative anti-SLAPP measures”.
Harris said: “This is a Bill is trying to absolutely ensure that we protect investigative journalism, that we protect journalism in the public interest that we provide clarity around the defence of public interest.”
The new legislation will also provide for quicker removals and corrections of defamatory content. Publishers will be required to give corrections equal prominence as defamatory material.
Harris explained: “Where somebody does defame somebody, it’s not very proper that you splash the article that defames them on the front page and has the correction on page 63.”
The Press Council of Ireland’s Code of Ethics states that “when a significant inaccuracy, misleading statement or distorted report or picture has been published, it shall be corrected promptly and with due prominence”.
The Bill will also include “practical measures to improve protection against online defamation”. Harris said this would make it easier to identify the owners of anonymous online accounts who are defaming others.
“At the moment, you’ve got to go to the High Court for that. We know that can be cumbersome [and] costly, so enabling somebody to get access to the Circuit Court for that, I think, does improve access to justice.”
The general scheme brought to Cabinet today outlines new requirements for solicitors to inform their clients of alternative dispute resolutions, including mediation, before pursuing defamation proceedings. Involved parties will have to consider those alternatives.
The defence of “fair and reasonable publication” of information in the public interest will be reformed to make it “simpler and clearer”.
Broadcasters will have better protection for defamatory comments made unexpectedly live on air, if they can show they took reasonable measures before and during the broadcast to prevent such comments.
There will also be provisions to tackle “libel tourism”, where plaintiffs come to Ireland to sue for defamation because they are more likely to win their case here than elsewhere.
The Bill will be sent to the Oireachtas Justice Committee this week for pre-legislative scrutiny. Harris said he hopes for the full Bill to be published before the end of the year.
NewsBrands Ireland, the representative body for national news publishers, has welcomed the announced reforms.
The body has campaigned for reform of Irish defamation laws.
CEO Ann Marie Lenihan said today: “Today’s publication of draft legislation to reform Ireland’s defamation laws is an important step in the right direction for long overdue reform.
“The current laws are not fit for purpose and serve neither the public nor freedom of the press.
They have a chilling effect on the media’s role as the public’s watchdog and its ability to reveal matters of important public interest.
“They also facilitate a system where many complainants choose the legal route and the prospect of a monetary award, rather than alternative dispute resolution mechanisms, such as the services of the Office of Press Ombudsman and Press Council of Ireland.
Colm O’Reilly, chairman NewsBrands Ireland, added: “The reform of the defamation laws gives government a real opportunity here to show their support for press freedom and provide a more balanced and fairer process for the resolution of defamation claims.
“Reform must lead to stronger and clearer legal protection for the responsible public interest journalism produced by our member news publishers, and we urge speedy implementation of the full Bill.”
With additional reporting by Christina Finn
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