The Defamation (Amendment) Bill 2024, which will result in a major overhaul of the State's defamation laws, is due to be published next week with enactment possible before the end of the year. However, this is on the basis that a general election is not called before then.
In a press release this week, the Department of Justice outlined some of the anticipated new provisions. The Bill will propose to:
- Abolish juries in High Court defamation cases with the aim of reducing the likelihood of disproportionate awards of damages and significantly reducing delays and legal costs;
- Target Strategic Lawsuits against Public Participation ("SLAPPs"), which occur when a plaintiff brings a claim for defamation against an individual or organisation with the intention of silencing an investigation, discussion or debate. The new legislation is also designed with the intention of reducing legal costs for parties and decreasing the substantial level of damages often awarded for such claims;
- Reduce costs for plaintiffs to obtain orders requiring confirmation of the identity of people who post defamatory content online (known as Norwich Pharmacal orders);
- Provide a new defence for retailers subjected to defamation claims for challenging people on whether or not they have paid before leaving a shop;
- Provide 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; and
- Provide support for Alternative Dispute Resolution and agreed settlements. It will also propose reform of the "offer of amends" and lodgement procedures.
Several further key reforms are being finalised, which Minister for Justice Helen McEntee can be expected to bring as Government amendments during the Bill's passage through the Oireachtas. These include the clearer and simpler defence of fair and reasonable publication in the public interest, which aims to protect responsible public interest journalism.
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