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Judge-only defamation bill clears Oireachtas

A bill to reform that will reform the laws on defamation has passed through both houses of the Oireachtas.

The Defamation (Amendment) Bill 2024 includes a plan to abolish juries in High Court defamation cases.

Minister for Justice Jim O’Callaghan said that the legislation aimed to reduce legal costs and delays for all parties in defamation proceedings.

ADR encouraged

He added that the bill “balances and safeguards the rights to freedom of expression with the protection of a person's good name and reputation, and the right of access to justice”.

Among the bill’s key measures are:

• Reform of the role of juries in High Court defamation cases,
• Statutory jurisdiction for the Circuit Court to make orders requiring identification of anonymous posters of defamatory material,
• An amended and simplified defence for publication in the public interest,
• New statutory defences for ‘retail defamation’ cases and for live broadcasting,
• The introduction of a ‘serious harm’ test for bodies corporate,
• Measures to encourage alternative dispute resolution (ADR) – including a revised ‘offer of amends’ procedure, and
• Safeguards to prevent abusive proceedings against public participation (SLAPPs).

The measures on SLAPPs are included in Part 7 of the bill and are aimed at preventing the misuse of defamation laws to stifle public participation and public-interest reporting.

EU directive

The minister has also published the General Scheme of the Strategic Lawsuits Against Public Participation Bill, which will mirror the provisions in Part 7 for all other non-defamation civil and commercial proceedings.

This bill will also complete the transposition of the EU Anti-SLAPP Directive into Irish law.

Minister O’Callaghan said that the SLAPP legislation would go beyond the minimum requirements of the EU directive.

Its measures include:

• Accelerated court determination of an application for the court to strike out proceedings that are argued to be manifestly unfounded,
• A mechanism to seek a court declaration identifying unfounded and abusive proceedings as a SLAPP,
• Provision for the court, if it sees fit, to award costs (on a basis that is more favourable to the defendant than the usual) where the court has declared the proceedings at issue to be a SLAPP, and
• The ability for targets of proceedings declared to be a SLAPP to seek damages in compensation for any harm suffered as a result of those proceedings.