Significant change to Irish defamation law is quickly approaching with the publication of the Defamation (Amendment) Bill 2024. Our Commercial Disputes team considers the key reforms and their anticipated impact for litigators and litigants alike in Ireland.
The Defamation (Amendment) Bill 2024 has recently been published by the Irish Government. The Government has also expressed hope that the Bill will be introduced to the Irish Parliament by Autumn 2024. The Bill provides for a range of significant reforms to Irish defamation law. It also seeks to address concerns raised by stakeholders during a public consultation to review existing defamation law under the Defamation Act 2009. We consider the most significant imminent reforms.
Key changes
- Juries will be abolished in Irish High Court defamation cases. It is anticipated that this will reduce the likelihood of disproportionate awards of damages. It is also hoped that this approach will significantly reduce delays, legal costs and the duration of court hearings.
- Protective measures will be introduced for those targeted by Strategic Lawsuits against Public Participation Proceedings (SLAPPs). SLAPPs are where a plaintiff launches unfounded defamation proceedings against an individual or organisation in an attempt to silence or disrupt responsible investigation, discussion or debate on matters of public interest. For example, where the Circuit Court finds defamation proceedings to be a SLAPP, the Circuit Court judgment will now be published on the Courts service website.
- A new defence will be available to broadcasters against liability for a defamatory statement made by a contributor during a live broadcast. The broadcaster must be capable of showing that it took reasonable and prudent precautions both before and during the broadcast to prevent this.
- A new statutory defence will be available in ‘retail defamation’ cases. This is in response to stakeholders concerns about a significant recent increase in claims of verbal defamation made against retail businesses, in particular against SMEs. These claims are often centred on alleged accusations of shoplifting. In support of this new defence, the Irish Circuit Court has repeatedly held that it is not defamatory to ask a person who walks past the checkout in a retail store carrying goods, to produce a receipt for those goods, or to explain to a customer that a banknote cannot be accepted in payment if it does not appear to be valid legal tender.
- Alternative dispute resolution and settlements will be supported including a reform of current lodgement procedures and ‘offers of amends’. These include measures to encourage prompt correction and apology, where genuine mistakes are made. In addition, when considering the issue of costs, Courts hearing defamation claims will now have specific regard to the conduct of the parties “after the making of an offer of amends.” Courts will similarly take into account the unreasonable failure or refusal of a party to consider using alternative dispute resolution procedures or to engage with it.
Is reform necessary?
The purpose of the reforms, according to the Government, is to “meet the challenges of an increasingly complex media landscape.” The over-arching aim is also to safeguard freedom of expression, the right to protection of good name and reputation, and the right of access to justice. The rationale for removing juries from High Court cases is that this might solve the perennial issue of disproportionate awards being made in defamation cases. There is also the hope that the abolition of jury trials will lead to more consistent, proportionate and predictable remedies for claimants in these cases. SLAPPs are also widely considered to be an ongoing problem in Irish defamation cases and it is hoped that the reforms will now deter the abusive use of unfounded proceedings, particularly SLAPPs.
Lastly, it is envisaged that the reforms will reduce legal costs for all parties involved and will lead to more streamlined and efficient defamation cases appearing before the Irish Courts. With these benefits in mind, the reforms are being welcomed by many and it is expected that the Bill will be fast-tracked through the remainder of the legislative process.
For more information and expert advice on commercial disputes, contact a member of our Commercial Disputes team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
