Frustration from NewsBrands Ireland on further delay to completion of Defamation Bill

Reform of defamation laws has been beset with inaction and continual delay, according to news publishers’ representative body

24. October 2024. NewsBrands Ireland, the representative body for Irish news publishers, has expressed frustration at the Government’s failure to pass the Defamation Bill before the Dáil dissolves ahead of the general election.

Reform to Ireland’s archaic defamation laws has been beset by delay after delay. The current Defamation Act 2009 was due for review by the Department of Justice in 2014. However, the review didn’t commence until November 2016. Following a delay of seven years, the General Scheme of the Defamation (Amendment) Bill was published in 2023. In 2024, Cabinet approved the Defamation (Amendment) Bill with assurance that the Bill would be passed without further delay.

NewsBrands Ireland Chief Executive Ann Marie Lenihan said: We are very disappointed that the Government have not followed through on their stated intention to pass the Defamation (Amendment) Bill. The failure to implement the reforms which include the abolition of juries, undermines the work of the independent media in Ireland, which further erodes the proper functioning of democracy in this country.”

Ireland’s defamation laws are among the most restrictive in Europe and throughout the English-speaking world and were criticised by the European Commission: “Ireland’s defamation laws raise concerns as regards the ability of the press to expose corruption.”  The Commission also said it wasworried about the frequency of defamation cases in the courts, which are extremely difficult and expensive for publishers to defend.

The high levels of awards – far in excess of other jurisdictions – are having a profound impact on the financial viability of both national and local news publishers.

Work on the Bill is substantially advanced, and it sits now in committee stage. For the future of journalism in this country as an essential pillar of our democracy, Newsbrands is calling for the new government to show the political will and focus to finalise the Bill as a priority action in early 2025 and implement it into law.

-ENDS-