The abolition of juries for High Court defamation actions, protections against Strategic Lawsuit Against Public Participation (Slapp) cases, and measures to reduce legal costs for those involved, are included in proposals due to go before the Oireachtas in the autumn.
The new legislation will also have provisions designed to make it less costly for plaintiffs to obtain the identity of people who post defamatory content online, as well as a new defence for retailers subjected to defamation claims for challenging people on whether or not they have paid before leaving a shop.
The Cabinet has approved the publication of the Defence (Amendment) Bill, 2024.
There is an expectation within Government that it can be enacted before Christmas, provided that a much-speculated-upon early general election is not called before then.
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The legislation has been long sought after by the media, with newspapers and other outlets arguing that Ireland’s libel laws are a threat to media freedom.
The new legislation aims to decrease the substantial level of damages often awarded by juries, and the associated high legal costs and delays, when cases progress to the courts.
It also aims to bring in protections against Slapp cases taken by a rich and powerful person or organisation to deter criticism or investigation by journalists.
Minister for Justice Helen McEntee said: “Our democracy needs defamation laws that meet the challenges of an increasingly complex media landscape.”
She said the “overarching aim” of the Bill “is to safeguard freedom of expression, the right to protection of good name and reputation, and the right of access to justice”.
She added that the abolition of juries in High Court defamation cases “will reduce the likelihood of disproportionate awards of damages” and “significantly reduce delays and legal costs”.
Under the legislation there will be an opportunity for defendants to apply for a declaration that a defamation lawsuit being taken is a Slapp case and there is to be accelerated treatment of such proceedings in the courts.
An amendment being worked on for inclusion in the legislation at Committee stage in the Oireachtas would also give power to the courts to award damages for harm suffered by a person targeted by Slapp proceedings.
The legislation also aims to support easier access to justice for individuals whose reputations are unfairly attacked.
There are plans for an amendment that would mean that a plaintiff would no longer have to apply to the High Court to seek an order for a social media platform to reveal the identity of someone who they believe had defamed them online. Instead they would be able to apply to the Circuit Court which should significantly reduce their legal costs.
NewsBrands Ireland, a representative body for Irish news publishers, welcomed Cabinet approval for the Bill as a “good day for press freedom and journalism”.
Its chief executive, Ann Marie Lenihan, said: “These reforms will lead to reduced legal costs for news publishers, costs which were threatening the very viability of investigative journalism and having a chilling effect on the reporting of matters in the public interest.
“Defamation laws which were designed to protect individual’s reputation from false statements were being used by the rich and powerful as a shield against criticism,” she added.
Ms Lenihan expressed disappointment that NewsBrands’ recommendation that there be a “serious harm test” was not included in the Bill and urged reconsideration of this “as the Irish media faces, on an almost daily basis, unwarranted and exaggerated claims for defamation”.
Such a test – previously introduced in England and Wales – would require claimants to prove at the outset of a case that the alleged defamation was likely to cause serious harm to their reputation.
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