New Defamation Bill introduced: Key changes to protect individuals and businesses

In a significant move to update Ireland’s defamation laws, Ministers Helen McEntee and James Browne have unveiled the Defamation (Amendment) Bill. The bill aims to streamline legal processes, reduce costs, and introduce new protections for both individuals and businesses.

Key Highlights of the Bill:

1. Circuit Court Powers: The Circuit Court will now have the authority to issue ‘Norwich Pharmacal’ orders. These orders compel digital service providers to identify anonymous posters of defamatory online material, significantly cutting legal costs for those affected.
2. SLAPP Protection: The courts will have new powers to award damages to individuals targeted by Strategic Lawsuits Against Public Participation (SLAPP), ensuring victims are compensated for harm suffered.
3. Broadcast Defamation Defence: Broadcasters will have a new defence against liability for defamatory statements made by contributors during live broadcasts. If the broadcaster can prove they took reasonable precautions to prevent such statements, they will be protected from legal action.
4. Retail Defamation Defence: In response to a surge in defamation claims against retailers, the bill introduces a new statutory defence. Retailers will be protected from defamation claims if they act without malice and handle incidents discreetly, such as asking for a receipt or rejecting counterfeit banknotes.
5. Abolition of Juries in High Court: The bill proposes the removal of juries in High Court defamation cases, aiming to streamline proceedings and reduce costs.
6. Support for Alternative Dispute Resolution: The bill encourages the use of Alternative Dispute Resolution (ADR) and reforms the ‘offer of amends’ and lodgement procedures to facilitate agreed settlements.

Minister Browne emphasized the thorough consideration and consultation behind the bill, ensuring it is robust, fair, and proportionate. The bill, building on the General Scheme approved in March 2023 and informed by extensive public consultation and scrutiny, marks a significant step forward in modernizing Ireland’s defamation laws.