Ireland’s defamation laws are among the most restrictive in Europe and throughout the English-speaking world. They result in having a chilling effect on the media’s role as the public’s watchdog and its ability to reveal matters of important public interest.
Quite simply, it’s in the best interest of the democracy at a time when democratic values are being threatened and undermined throughout the world. Of course, there’s ample recent evidence of important stories being exposed by Ireland’s media that otherwise would have remained secret. But other equally serious and important matters of public interest never get revealed because of defamation laws that impose potentially devastating levels of risk on publishers. Furthermore, the high level of awards and related legal costs are seriously jeopardising the financial viability of many local and national news publishers.
There is ample evidence that the ‘compo culture’ which is threatening the existence of many businesses today due to soaring insurance costs is mirrored in the exploitation of our defamation laws by claimants who – unlike in the UK – do not have to prove serious harm to their reputation, yet pursue monetary claims in preference to engaging the offices of the Press Ombudsman and the Press Council.
Good defamation policy is categorically not about giving journalists a free rein to write what they like. It is about setting the right balance in order to protect people’s reputations and the need to defend and promote freedom of expression and the media’s ability to freely report on matters in the public interest.
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