AFTER A DECADE-LONG campaign, the Bill to reform defamation law in Ireland has finally passed through the Oireachtas.
A review of the 2009 Defamation Act was first announced in 2016 amid much criticism from the media in Ireland.
The Government said the Defamation Amendment Bill will “balance freedom of expression with protections for individuals’ good name and reputation”.
The Bill will also provide more consistent and predictable redress in defamation cases, as well as easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings.
Justice Minister Jim O’Callaghan remarked that the passing of the Bill on Wednesday will bring “considerable reform to defamation law”.
He added that it will “reduce legal costs and delays for all parties in defamation proceedings and provide enhanced protection for responsible public-interest journalism and public participation”.
Susan Daly, Managing Editor with Journal Media, welcomed the passage of the legislation this week.
She noted that Journal Media has been “united with all other media in Ireland for a long time in appealing to government for these changes”.
“We are relieved to finally see the much-needed clarity and increased protections for responsible journalism come into being,” said Daly.
She added: “In a submission to the Review of the Defamation Act ten years ago – in 2016 – we sent a clear call that defamation actions were a serious threat to media organisations.
“We wrote that the unpredictable level of awards, the very significant legal costs and the lengthy process that defending an action takes make defamation claims one of the most serious dangers to journalists and publishers.
“We hope the revised defamation legislation will reduce the potential chilling effect of malicious claims being put forward as a means to disincentivise hard-hitting and important journalistic efforts.”
Meanwhile, NewsBrand Ireland, the representative body for Irish national news publishers, described it as a “landmark moment for press freedom in Ireland”.
NewsBrand Ireland also noted that the Bill “abolishes juries in High Court defamation cases, moving to judge-only trials, a major procedural shift expected to improve consistency, transparency and predictably”.
Meanwhile, the Bill also includes new anti-SLAPP protections.
SLAPPs (Strategic Lawsuits Against Public Participation) occur where a plaintiff launches unfounded defamation proceedings against an individual or organisation in order to silence investigations, discussions, or debates.
O’Callaghan remarked that 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 new Bill allowed for costs to be awarded where the court has declared the proceedings at issue to be a SLAPP and for targets of proceedings declared to be a SLAPP to seek damages in compensation for any harm suffered.
A defendant will also be enabled to seek a court declaration identifying unfounded and abusive proceedings as a SLAPP.
