Early dismissal among anti-SLAPP bill measures
An Arthur Cox briefing note explains that the Strategic Lawsuits against Public Participation Bill before the Dáil establishes a comprehensive framework to protect individuals and organizations from abusive legal actions designed to silence public engagement.
It establishes a standalone legal regime across all civil and commercial proceedings.
This legislation formally transposes EU Directive 2024/1069, creating a standalone regime for civil and commercial proceedings while introducing specific provisions into the Defamation Act 2009.
Under the bill, abusive court proceedings against public participation are defined as unfounded claims brought not to genuinely exercise a legal right, but to prevent, restrict, or penalize public participation.
SLAPPs frequently exploit a power imbalance between parties, the lawyers state.
Key indicators include disproportionate claim values, multiple coordinated lawsuits, intimidation or harassment by plaintiffs, and bad-faith procedural tactics (such as strategic delays or abusive forum shopping).
Protective measures for defendants
The bill arms defendants facing SLAPPs with several robust legal tools to dismiss claims early and penalise abusive plaintiffs:
- Early dismissal: Defendants can apply to strike out claims that are manifestly unfounded, disclose no reasonable cause of action, or are bound to fail,
- Security for costs and damages: Courts may require plaintiffs to provide financial security for the defendant's anticipated legal costs and damages upon a prima facie showing that the proceedings are abusive,
- Declaration mechanism: Defendants can apply at any stage for a formal court declaration that the proceedings are abusive, serving as a powerful deterrent,
- Punitive costs: If a claim is found to be abusive, courts can issue punitive cost orders directly against the plaintiff's legal practitioners,
- Damages: Successful defendants can recover compensation for injury, loss, or damage resulting from the abusive suit (subject to court monetary caps in the Circuit and District Courts),
- Amicus Curiae Support: Human rights bodies and NGOs with relevant expertise can intervene to provide written or oral submissions or assist defendants (excluding direct financial funding),
- Public Transparency: Written judgments or orders identifying SLAPP suits must be published on the Courts Service website as soon as practicable, maximizing reputational consequences for plaintiffs,
- Third-country protection: To prevent the circumvention of Irish law, Irish courts are barred from recognising or enforcing third-country judgments that would have been deemed abusive under Irish rules. Defendants can also seek declarations and compensation locally for foreign proceedings.