Defamation Act ‘major threat’ to press freedom in Ireland

Newspapers are being inhibited from investigating and publishing on issues of public importance due to the Government’s failure to reform defamation laws.

In the annual report of the Press Council of Ireland and the Office of the Press Ombudsman, Press Council chairman Seán Donlon said the Defamation Act is a “major threat” to the freedom of the press here.

“In the absence of a reform of the act, newspapers are inhibited from investigating and publishing matters which the public has a right to know,” he said. “Because of the exorbitant costs involved they are understandably reluctant to confront legal actions and threats of such actions, sometimes from individuals with deeper pockets than those of the papers themselves.”

Mr Donlon said that despite the 2009 Act containing a clause it be reviewed after five years, a review was not announced until 2016.

The Press Council along with the other stakeholders in the industry made a detailed submission including suggesting an enhanced role for the council.

Now, over two years later, the review has not been published

Mr Donlon said it is a “sobering fact” that newspaper circulation in Ireland had halved over the last decade and pointed out that revenue from advertising is also in sharp decline with 11% falls expected this year.

“Online advertising this year is projected to be at least five times that of the print sector,” he said. “The shortage of funds has inevitably brought about a decline in investigative journalism, public interest reporting and coverage of the activities of local authorities and other public bodies.”

The annual report reveals that a total of 464 complaints were received by the Press Ombudsman in 2018, up from 330 in 2017. However, it was noted that one cartoon generated some 160 of the complaints in 2018.

A total of 24 complaints were resolved to the satisfaction of the complainants and 30 complaints were decided by the Press Ombudsman. Just 10 complaints were upheld.

These relate to articles published by Village, Irish Daily Star, The Wexford People, Extra.ie, The Sunday Times, Independent.ie (2), thesun.ie, and Irish Examiner.