News publisher group calls for 'urgent completion' of review into Irish defamation laws

Chairman of NewsBrands Ireland Colm O’Reilly has said it is "in the best interest of democracy that our defamation laws are urgently updated.” File Picture: Andy Gibson

Ireland’s leading representative body for news publishers has called for the "urgent completion" of a Government review into defamation laws.

NewsBrands Ireland says the review of the Defamation Act is now six years overdue.

Ireland’s defamation laws are among the strictest in Europe and the English-speaking world and have long been seen by many in the media as a major hindrance to investigative journalism.

NewsBrands Ireland chairman Colm O’Reilly has said it is "in the best interest of democracy that our defamation laws are urgently updated”. 

Indeed, the European Commission recently expressed worry over the frequency of defamation laws in courts here.

"Ireland’s defamation laws raise concerns as regards the ability of the press to expose corruption,” said EU Justice Commissioner Didier Reynders in March.

"Frequent defamation legal cases, the high cost of defence and the high damages awarded by the Irish courts are seen as an inducement to self-censorship and a constraint on media freedom," he said.

To mark World Press Freedom Day today, NewsBrands Ireland launched a series of ‘Journalism Matters’ videos highlighting twelve examples of public interest journalism which have affected Irish society in some way - namely, investigative journalism that uncovered wrongdoing or illegal activity, campaigning journalism which received tangible results, and the reporting of issues which have altered public discourse.

Among the examples cited by NewsBrands Ireland was the reporting of Irish Examiner  journalist Liz Dunphy and her work on the case of Clarissa McCarthy - a three-year-old girl drowned by her father in 2013. 

“There is ample recent evidence of important stories being exposed by Ireland’s news media that otherwise would have remained secret," Mr O'Reilly said. 

"But other, equally serious and important matters that are in the public interest, may not get revealed because of defamation laws that impose significant levels of risk on publishers."

NewsBrands Ireland is now calling for four updated measures around Irish defamation law.

Aside from the completion and publication of a review of the Defamation Act, NewsBrands Ireland says any new defamation laws should include a 'serious harm' test.

A similar initiative, already in operation in the UK, discourages trivial claims that can chill free expression and inundate courts with lengthy and costly cases.  

Claimants who do not meet the test have the option to take their case to the Office of Press Ombudsman.

The group also wants to see a cap put on damages amounts, similar to the practice in place for personal injury actions.

Lastly, it is calling for the abolition of juries in defamation cases.

Defamation is now "virtually the only civil action that continues to be decided by juries."

Their use NewsBrands Ireland says, considerably lengthens the duration of the trial, thus increasing legal costs and resulting in unpredictable levels of awards.

“Good defamation policy is categorically not about giving journalists a free rein to write what they like. It is about setting the right balance in order to protect people’s reputations and the need to defend and promote freedom of expression and the media’s ability to freely report on matters in the public interest,” said Mr O'Reilly.

These four recommendations, if implemented, would "provide a more balanced and fairer process for the resolution of defamation claims." 

"They will ensure freedom of expression and, crucially, that reputations can be protected in a manner available to everyone, not just the rich and powerful," he added.