Latest news with #DefamationBill
RTÉ News
30-04-2025
- Politics
- RTÉ News
Opposition challenge removal of juries in High Court defamation cases
Opposition parties have tabled a series of amendments opposing the removal of juries in High Court defamation actions. Sinn Féin TD Matt Carthy told the Dáil that he is opposed to what is the centrepiece of the Government's Defamation Bill, and said that many in the legal profession shared his party's concerns. He proposed deleting the entire section dealing with the measure, and asked to know whether the current Minister for Justice, Jim O'Callaghan, plans to proceed with the bill as it is, as it had been prepared by his predecessor. Social Democrats TD Gary Gannon said that juries play an important role and "ensure fairness", especially where "powerful entities" are concerned. Abolishing them "would make Ireland an outlier", he said, and insisted that there is no evidence that jury trials are more costly. Independent TD Catherine Connolly asked if the Government is "intent on ramming this through", and called on Minister O'Callaghan to show "moral courage" in dropping the measure. "I wouldn't like to be sitting in your position now and having to eat my words," she said, and quoted remarks the minister had made during an earlier stage of the bill - and before his appointment as minister - where he said: "the decision to abolish juries in the High Court would be short-sighted". Sherlock warns that bill is 'now out of date' Labour's Marie Sherlock expressed "serious concerns with key elements of this bill", and warned that it is "now out of date". She said that legal fees in defamation cases are higher than in any other civil action, and said the bill should be used to change that practice. The Defamation Bill was published last year, and aims to reduce costs for those seeking to defend their good name, including in relation to anonymous online trolls. Currently, this can only be done in the High Court. The bill would also introduce protection against Strategic Lawsuits Against Public Participation, or "SLAPPs", which are often taken against individual journalists and are widely seen as a threat to press freedom. Minister O'Callaghan defended the measures in the bill, and said he would be opposing the various amendments tabled this evening. He noted the remarks of his which Deputy Connolly had quoted, and said that since then, there has been a General Election, during which his party's manifesto had promised to enact the bill. He said that being in a political party requires compromise, unlike being an independent, and rejected the suggestion that the removal of juries was a moral matter. The minister said that he is "bound by the terms of the Programme for Government."
Irish Times
25-04-2025
- Business
- Irish Times
Businesses appeal for change to defamation laws
The retail and hospitality sectors have urged Minister for Justice Jim O'Callaghan to tackle 'vexatious defamation litigation being entertained' in the courts, saying they do not feel legally protected. 'The civil law system is actively conspiring to extort money from them in vexatious, unmeritorious litigation,' a letter to the Minister from Neil McDonnell , chief executive of the Irish Small and Medium Enterprises Association (Isme) said. The correspondence, obtained under freedom-of-information legislation, followed a recent meeting between Mr McDonnell and Mr O'Callaghan during which current defamation reform was discussed. The sector is specifically concerned about false claims against staff, including alleged shoplifting accusations. READ MORE Isme believes spurious defamation proceedings brought against small businesses are an issue comparable to fake personal injury claims, and often requiring less effort. [ 'They laugh at us': Dublin retailers voice fury at €10,000-plus payouts for defamation over shoplifting Opens in new window ] Isme has estimated the cost of defamation actions to small businesses to fall between €30 million and €50 million annually, based on data from a single security firm. It believes there are also many undocumented payouts. As with other stakeholders, including the media, the business lobby hopes to affect change during the passage of current legislation that would improve its position in legal disputes. Legal reform has long been called for and the programme for government committed to restoring the Defamation Bill and to 'make passing the legislation a priority'. The association is seeking various changes, including the introduction of a 'harm test' and other gatekeeper mechanisms that would restrict or temper such claims. Citing official data, Isme noted that defamation cases in Ireland currently outnumber those of the UK which has a similar legal system. 'When Ireland has the same number of defamation cases as a jurisdiction with a population 12 times greater, there is an undeniable systemic problem,' the letter stated. Mr McDonnell said the argument of a person's 'access to justice' was moot among those in hospitality and retail 'when those sectors identify both the criminal system as failing to protect them and the civil law system as actively conspiring to extort money from them in vexatious, unmeritorious litigation'. Speaking to The Irish Times, Mr McDonnell said there were two types of theft in retail – actual theft and feigned theft where a person will attempt to look suspicious in order to attract an accusation. 'It's more attractive [than fraudulent personal injury] in many ways and the reason why is it's far faster,' Mr McDonnell said of the claims process.
Irish Examiner
21-04-2025
- Business
- Irish Examiner
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. Read More Short-Term Lettings Bill comes to cabinet after delays last week
