Justice minister Helen McEntee has received Cabinet approval to prepare new defamation legislation.

The government has also published the Review of the Defamation Act 2009.

The major proposals arising from the review include:

+ An end to juries in defamation cases

+ Easier access to justice for individuals whose reputation is unfairly attacked

In Association with

+ Clearer protection for responsible public interest journalism

+ Reducing legal costs and delays

+ Measures to encourage prompt correction and apology, where mistakes are made

+ New measures to combat abuse

+ Make it easier to grant orders directing online service providers to disclose the identity of an anonymous poster of defamatory material.

The minister commented: “We must ensure that our defamation law strikes the correct balance between rights which are protected both by our Constitution, and by the European Convention on Human Rights.

“We should vindicate both the individual’s right to their good name and privacy; and the right of others to freedom of expression, taking account of the vital role played in our democracy by a free and independent media, and by other civil society actors, in providing information and debate on matters of public interest.”

Disproprtionate defamation damages

Minister McEntee (pictured) stated that among the main concerns raised in submissions to the review process were the very high levels of damages awarded in some defamation cases. These were seen as disproportionate to levels of awards for serious personal injuries, and to defamation awards in other common law jurisdictions.

The review also highlighted high legal costs, and the scope for delays in defamation cases. In addition, concern was expressed of these factors having a ‘chilling effect’ on public interest reporting and investigative journalism.

The defamation law review also referenced:

+ the need for quicker, more accessible and more effective redress mechanisms, particularly in cases of online defamation

+ the need to encourage use of alternative dispute resolution, and prompt, informal redress

+ difficulties for individual plaintiffs in accessing justice, including exclusion from legal aid and a lack of user-friendly complaint procedures

+ whether, conversely, it was too easy to bring defamation proceedings, and additional conditions should be imposed

+ the need to clarify or simplify the requirements of some defences to defamation claims

+ lack of transparency on the reasons for jury decisions in defamation cases, seen as creating legal uncertainty and generating avoidable extra appeals and legal costs

+ whether there is scope for abuse of defamation law, including by issuing vexatious proceedings.

Minister McEntee said she intends to begin the preparation of the General Scheme of a Defamation (Amendment) Bill on foot of the publication of the review. Department officials will consult in with the Office of the Attorney General during the preparation of the General Scheme.

“I look forward to further engagement with stakeholders as part of the legislative process,” she said.

Local newspapers reaction

Local Ireland, the association representing 42 weekly paid-for newspapers around the country, has welcomed minister’s commitment to reform of defamation law.

Declan McGuire, president of Local Ireland, said the review’s recommendations point to a positive response to the needs of news publishers, both local and national.

“We welcome the proposed measures aimed at redressing the balance between freedom of expression and a person’s right to a good name,” said McGuire.

“We particularly support the move towards hearing defamation cases by judges alone and the increased importance attached to mediation processes.

“We also welcome legislation to stop actions by powerful individuals aimed at inhibiting future publication and the prevention of libel tourism, where litigants take cases in Ireland in order to maximise the awarding of damages.

“Measures to provide clearer protection for public interest journalism and to reduce costs and delays are also beneficial for professional news service providers.”

However, Local Ireland is critical that a cap on damages is not being proposed.

“We would also recommend that a serious harm test be adopted during the legislation process,” said executive director Bob Hughes.

Pic: RollingNews.ie