Harris moves to overhaul Ireland's defamation laws

Justice Minister Simon Harris will seek Cabinet approval on Tuesday morning for draft legislation to overhaul Ireland’s defamation laws.

Defamation cases will be held without a jury and measures to combat legal actions that are purely taken to muzzle critics will be introduced under long-awaited new laws.

Justice Minister Simon Harris will seek Cabinet approval on Tuesday morning for draft legislation to overhaul Ireland’s defamation laws.

The reforms aim to reduce legal costs for those who bring a defamation case but also provide stronger and clearer legal protection for responsible public interest journalism.

The bill will tackle so-called strategic lawsuits against public participation (SLAPPs) with specific measures to stop individuals or organisations from taking cases as a way of shutting down criticism or negative reporting.

It is understood defendants could apply to court for a summary dismissal of defamation proceedings if there is evidence it is a SLAPP case under the new legislation.

Mr Harris will tell the Cabinet that democracy cannot flourish without robust protection for the right of freedom of expression, and that this must always be carefully balanced with safeguarding the individual right to good name and reputation, and the right of access to justice.

The reforms set out in the general scheme serve five core aims. They are:

• Ensuring quicker, more accessible takedown and correction — for a person who has been defamed;
• Providing stronger and clearer legal protection for responsible public interest journalism;
• Tackling defamation as a ‘rich man’s law’ by reducing legal costs and delays for everyone;
• Practical measures to improve protection against online defamation;
• Combating abusive defamation cases, which will include innovative anti-SLAPP measures.

A number of measures aim to support the media and publishers with the defence of "fair and reasonable publication" on a matter of public interest made simpler and clearer.

There will also be a reformed defence for live broadcasting to address instances where a contributor unexpectedly makes a defamatory comment during a live broadcast. 

However, the broadcaster will have to show it took reasonable measures before and during the broadcast to prevent that happening.

Solicitors will also be required to inform their clients there are alternative dispute resolution options including mediation. This must be done before any defamation proceedings are started and parties must have considered those options before getting to the court stage.

Finally, changes to stamp out "defamation tourism" will be included in the new law, meaning judges will be required to make sure Ireland is the most appropriate country for an individual case to be heard and is not being taken purely on the basis of potential awards.

Mr Harris hopes to have a full bill before the Oireachtas by the end of the year.