Defamation laws to be reviewed

A comprehensive review of Ireland’s defamation laws is to take place, including how damages are awarded by the courts and whether the current laws cover online defamatory cases, Tánaiste and Justice Minister Frances Fitzgerald has announced.

The review is in line with a previous commitment to examine changes made under the 2009 Defamation Act.

Media groups in recent years have expressed concern at high levels of damages awarded. Plaintiffs taking cases also want stronger rights to protect their good names.

Ms Fitzgerald said a “balance must be struck” and that the review would include input from all sides, including from the Press Council and Press Ombudsman.

The review will look at changes to defamation law since the 2009 legislation and how this is operating as well as how practices work in other jurisdictions, including Britain. Crucially, the review will look at any potential changes for the roles of a judge or a jury in High Court defamation cases, where awards can exceed €75,000.

The review will examine whether any change should be made to the level or type of damages which may be awarded in cases. While the 2009 legislation allowed judges to give direction in cases, there has been concern that juries are allowed to decide on amounts without more specific rates or instructions in cases.

Arguments made by publishers will also be reviewed, including the defences of truth, absolute privilege, honest opinion, fair and reasonable publication on a matter of public interest. The review will also examine whether the current laws are “adequate and appropriate” when it comes to digital defamatory cases or online communications.

Remedies provided in cases, including an offer of money or an apology, will also be scrutinised as part of the review.

Submissions made to the Department of Justice, which is overseeing the review, will be published on its website and accepted up until the end of the year.

The Press Council of Ireland welcomed the review, but also said that central to any proposed changes in the Defamation Act must be the protection of the right of freedom of expression.”

NewsBrands Ireland, which represents all national newspapers, said it had already highlighted for some time the significant challenges posed to freedom of expression. Since 2010, defamation actions had cost newspapers in excess of €30m, it said adding that awards granted here were also wholly out of kilter with other jurisdictions.