Help Support Cork Safety Alerts – Donate the price of a coffee here via Stripe: https://csalert.ie/donate

The Government has approved the Defamation (Amendment) Bill 2024, a comprehensive legislative reform aimed at modernising defamation laws to meet the challenges of today’s media environment. This bill, spearheaded by Minister for Justice Helen McEntee TD and Minister of State for Law Reform James Browne TD, introduces several critical changes designed to ensure robust, fair, and proportionate legislation.

Minister McEntee emphasised the importance of the bill in protecting both freedom of expression and the right to a good name:

Minister for Justice Helen McEntee TD 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 key objectives of the bill include:

• Tackling disproportionate awards in defamation cases by abolishing juries in High Court proceedings.
• Supporting easier access to justice for those whose reputations are unfairly attacked.
• Ensuring that corrections of defamatory statements are given similar prominence to the original publication.
• Providing enhanced protection for responsible public interest journalism.
• Reducing legal costs and delays through the use of alternative dispute resolution (ADR).
• Deterring the abusive use of unfounded defamation proceedings, particularly SLAPPs.

Minister Browne highlighted the careful consideration given to the bill to ensure it is balanced and effective:

Minister of State for Law Reform James Browne TD said:

“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 introduces a statutory defence for retail defamation cases, addressing the recent surge in unfounded claims against businesses. This defence builds on the principle of qualified privilege and ensures retailers are not liable for actions such as asking for proof of purchase or rejecting counterfeit money, provided they act without malice and with discretion.

Further amendments will be introduced during the bill’s passage through the Oireachtas, including clearer defences for fair and reasonable publication in the public interest and the introduction of a ‘Norwich Pharmacal’ order to identify anonymous posters of defamatory online content. Additionally, the courts may be empowered to award damages for harm caused by SLAPP proceedings.

The full text of the Defamation (Amendment) Bill 2024 will be available on the Houses of the Oireachtas website next week, marking a significant step forward in the Government’s commitment to reforming defamation laws.