Defamation (Amendment) Bill 2024 Back on Government Agenda

Background
The Defamation (Amendment) Bill 2024 ("the Bill"), which was published on 2 August 2024, with the stated aim of bringing substantial reforms to existing defamation laws.

The Bill lapsed when the last government dissolved on 8 November 2024. This Bill was reintroduced by the current government and as of 05 February 2025, it is at the Committee stage.

The Bill, which is currently before Dáil Éireann for legislative scrutiny, proposes a number of significant reforms, including:

1.    The abolition of juries in High Court defamation claims; 
2.    Introduction of a 'serious harm' test for defamation claims brought by corporate bodies; 
3.    Enhanced safeguards against SLAPPs; and
4.    Changes to Offers of Amends and Correction Orders

Key Provisions of the Bill

1.    Abolition of Juries 
In arguably the most significant reform, the Bill proposes to abolish juries in High Court defamation proceedings. This means that all actions would be heard solely by a judge. This is in line with the current process in Ireland for Circuit Court defamation proceedings, as well as the default position in the UK. The purpose of this reform is ostensibly to reduce disproportionate awards of damages, the length of hearings, and legal costs.

This proposed reform has been subject to some criticism, with critics citing the fundamental role played by juries in the Irish legal system in assessing damage to one's personal reputation, as well as the scope of freedom of expression. 

2.    Serious Harm Test 
The Bill also proposes to introduce a 'serious harm' threshold which a body corporate must meet to initiate defamation proceedings. To satisfy this test, a corporate plaintiff alleging defamation must demonstrate that it has suffered or is likely to suffer ‘serious harm’ as a result of the defamatory statements, and that the harm is likely to result in "serious financial loss" ². This new, higher threshold will render any attempt to rely on an assertion of reputational harm alone insufficient for most companies. 
 

3.    Strategic Lawsuits Against Public Participation ("SLAPPS")
A 'SLAPP' is an acronym used to describe a claim which is intended to stifle legitimate freedom of expression, rather than to genuinely assert or exercise a right. The Bill seeks to protect individuals and organisations from unfounded defamation claims intended to stifle public interest reporting. 

The Bill mirrors the provisions of the EU’s anti-SLAPP Directive³  which must be transposed into Irish law by 07 May 2026, insofar as they relate to defamation proceedings. 

The Bill sets out a non-exhaustive list of possible behaviours that could constitute a SLAPP, including:

• Intimidation, harassment or threats on the part of the plaintiff
• Where a claim is of disproportionate excessive or unreasonable nature; 
• The existence of multiple proceedings initiated by the plaintiff or an associated party in relation to similar matters
• The use of bad faith in procedural tactics, such as abusive or fraudulent forum shopping, and delaying tactics

In cases involving conduct  that constitutes a SLAPP, the defendant may apply to the Court to seek an Order:

1. striking out the claim as being manifestly unfounded; and
2. declaring that the proceedings amount to a SLAPP.

These measures aim to balance a party’s right of access to the courts to vindicate their right to a good name with a defendant’s right to fair procedures and freedom of expression.

4.    Changes to Offers of Amends and Correction Orders

As currently drafted, the Bill provides that defendants who are seeking to make an offer of amends or correction order, must publish the correction or apology with the same prominence as the original defamatory statement. This is more onerous than the existing requirement to "publish that correction and apology in such a manner as is reasonable and practicable in the circumstances" ⁴. 
 

Significance
The Bill is an attempt to reform Ireland's defamation laws in response to contemporary challenges, such as what some view as excessive awards of damages in High Court defamation claims. If implemented, journalists and media outlets will welcome the proposed reforms. Considering that the implementation of this Bill is a matter of priority for the current government, it is quite possible that the proposed changes could be implemented within the next 6 months.

The Bill is currently before Dáil Éireann at Committee stage. It has two more stages to go through before going to the upper House for consideration.

_{¹Available: Programme for Government 2025 - Securing Ireland's Future
²Defamation (Amendment) Bill 2024, section 6
3Directive (EU) 2024/1069 
⁴Defamation Act 2009, section 22(5)(b)}

This document is for general guidance only and not intended as professional advice. Advice should always be taken before acting on any of the issues identified. 

Written by: Killian O'Reilly and Cian Ronan