The Defamation (Amendment) Bill 2024 will make the most significant reforms to Irish defamation law in 15 years, following a public consultation on review of the Defamation Act 2009.

Justice minster Helen McEntee said today: “Our democracy needs defamation laws that meet the challenges of an increasingly complex media landscape.

“The overarching aim of this bill is to safeguard freedom of expression, the right to protection of good name and reputation, and the right of access to justice.

“The legislation will abolish juries in High Court defamation cases, which will reduce the likelihood of disproportionate awards of damages, significantly reduce delays and legal costs, and reduce the duration of court hearings.

“The bill also introduces protective measures for those targeted by strategic lawsuits against public participation proceedings (SLAPPs), where a plaintiff launches unfounded defamation proceedings against an individual or an organisation in order to silence responsible investigation, discussion or debate on matters of public interest.

“SLAPPs are recognised internationally as a significant challenge to press freedom and democracy, given the chilling effect they have on the work of investigative journalists and others.”

The government said the main purposes of the bill are to:

Additional reforms “are being finalised” and will be introduced as government amendments during the bill’s passage through the Oireachtas, including a clearer and simpler defence of fair and reasonable publication in the public interest.

Another reform to be introduced by means of an amendment is a statutory power for the Circuit Court to issue a Norwich Pharmacal order directing a digital services provider to identify an anonymous poster of defamatory online material.

The government said it is also working on a power for the courts to award damages for harm suffered by a person targeted by SLAPP proceedings.

James Browne, minister of state for law reform, said: “We have taken the time to get this bill right and to ensure that our defamation legislation is robust, fair and proportionate.

“The bill also includes 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.

“A new provision in claims of ‘transient retail defamation’ will address concerns, particularly among small and medium businesses, about a large recent increase in unfounded claims of defamation made against retailers.”

A number of retail businesses have complained that they are facing defamation claims in cases where, for example, a person leaving the shop with goods has been asked to produce a receipt for them, or where a retail worker has refused to accept a banknote which does not appear to be legal tender.

While the Circuit Court has repeatedly held that this is not defamatory, defamation claims in such cases are now said to be generating significant extra legal and insurance costs for these businesses.

The bill addresses the problem by providing a new statutory defence for the retailer, which builds on the defence of qualified privilege. The new defence does not apply if the retailer is acting with malice, or if the retailer’s comments are publicised excessively, when discretion could have been used.