'Good day for journalism and press freedom' as Government pledges to overhaul defamation law
Slapp Include So Against The Act (strategic The Called Proposed Frivolous Protections Against Proceedings Will To Defamation 2009 Participation) Lawsuit Update Public
The Government will publish its new Defamation Bill next week, scrapping the current system which will see juries awarding damages to successful plaintiffs, in a move described as “a good day for journalism”.
However, the new bill will not include a “serious harm test”, a move which was greeted with “disappointment” by media organisations, who urged the Government to reconsider its omission.
The new bill, a long-awaited update to the 2009 Defamation Act which is widely considered to be obsolete, 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 bill will further seek to strengthen the defence of broadcasters against liability for defamatory statements made live on air by contributors.
It will also attempt to lower the costs associated with compelling social media companies to reveal the identity of anonymous posters by diverting those actions, known as 'Norwich Pharmacal orders', from the High Court to the less costly Circuit Court.
That is one of just a few actions seeking to bring social media companies to task detailed in the bill, with sources close to the drafting of the legislation suggesting pan-European laws are needed to regulate the sector.
Previously, professionals in defamation law in Ireland had decried a lack of focus on social media companies in the bill as rendering it not fit for purpose, given a huge amount of defamatory content is routinely published online in the current era.
Ann Marie Lenihan, chief executive of Newsbrands, the representative body for Ireland’s national news publishers, said the publication of the new bill represents “a good day for journalism and press freedom”.
Ms Lenihan said: “These reforms will lead to reduced legal costs for news publishers, costs which were threatening the very viability of investigative journalism and having a chilling effect on the reporting of matters in the public interest.
“Defamation laws which were designed to protect individual’s reputation from false statements were being used by the rich and powerful as a shield against criticism.”
However, she described her organisation as “disappointed” that its recommendation for a serious harm test was not included.
“We urge reconsideration of this as the Irish media faces, on an almost daily basis, unwarranted and exaggerated claims for defamation,” Ms Lenihan said.
Sources said that the omission of the serious harm test had only been “teased out more than any other” following extensive consultation with the Attorney General.