Long-awaited defamation legislation could be passed by summer
The long-awaited change to Ireland's defamation laws could be passed before the summer recess.
The bill had been advanced in the previous Dáil, but lapsed upon the general election, with the media industry keen to see it passed quickly.
Government sources said the bill was envisaged to reach committee stage on April 30 and could be passed as soon as July, with justice minister Jim O'Callaghan set to see changes to the defamation system finally passed. Passing the bill is included in the programme for government, though a 90-day deadline to do so has passed.
The new bill, published last year, is an update to the initial 2009 legislation, which is widely seen as no longer being fit for purpose.
It will see the introduction of protections against so-called frivolous Slapp (strategic lawsuit against public participation) proceedings — actions perceived as allowing the wealthy to avoid scrutiny by the lodgement of punitive court actions.
The legislation includes a statutory power for the circuit court to issue a 'Norwich Pharmacal' order, directing a digital services provider to identify an anonymous poster of defamatory online material. The Government hopes this will significantly reduce the legal costs for a person subjected to such comments.
Speaking to RTÉ's Clare Byrne Show last week, media minister Patrick O'Donovan said he had met with Mr O'Callaghan recently and the justice minister was "committed" to the legislation. In a parliamentary response in recent weeks, Mr O'Callaghan said the bill included measures required as part of the EU Anti-Slapp Directive, such as early dismissal of Slapp proceedings and the availability of security for costs, which are already available under Irish law.
"However, the bill provides, in line with the requirements of the directive, that these applications should be dealt with as expeditiously as possible in the context of Slapp proceedings. Targets of strategic lawsuits against public participation will also be able to seek a declaration from the court that proceedings taken against them are abusive court proceedings against public participation.
"The bill also provides for the awarding of costs on a legal practitioner and client basis, or a legal practitioner and own client basis. These are both more advantageous to the defendant than the usual party-to-party basis on which costs are awarded," he added.
At a Leinster House briefing for TDs and senators last week, chair of the newspaper representative body Newsbrands Ireland Sammi Bourke said while the 90-day deadline for passing the bill had lapsed, the industry was keen to see something done.
"Our current laws can hinder the press's ability to investigate and expose matters of public interest, due to the overwhelming risks and costs they impose on publishers," she said.
We fully support the provision in the Defamation Bill to abolish juries in defamation cases, as their involvement in trials significantly extends proceedings, drives up legal costs, and leads to unpredictable verdicts.
"The programme for government committed to passing this bill within 90 days, but that deadline has now passed and we urge its immediate enactment."
Ms Bourke also warned "one of the most pressing issues" the media faces today is "the appropriation of our content by big tech and ineffective copyright legislation" and called for more effective protections from the harvesting of this content for AI models and search algorithms.
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