Dáil Éireann Debate, Tuesday - 22 September 2020
672. Deputy Dara Calleary asked the Minister for Justice the progress made in relation to the Programme for Government commitment to review and reform defamation laws; the timeline for introduction of new legislation; and if she will make a statement on the matter. [25298/20]
View answerThe Programme for Government commits to reviewing and reforming defamation laws, to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.
My Department has already completed very extensive work on the review of the Defamation Act 2009. Completion of the review has, however, been delayed by preparation of urgent legislation arising from the COVID-19 pandemic. It is intended that the report of the review, with options for change, will be presented to me as early as possible in the autumn with a view to bringing proposals for legislative change to Government for approval in the following weeks.
The Defamation (Amendment) Bill is included in the Government’s Legislation Programme for the Autumn session 2020, which was published on 15 September.
The Review is addressing all of the issues raised in submissions made to it, including:
- Whether changes should be made to the respective roles of the judge and the jury in high court defamation cases; and
- Whether any change should be made to the level or type of damages which may be awarded in defamation cases, or to the factors to be taken into account in making that determination.
The objective set for the defamation review from the outset was to ensure that our defamation law strikes the correct balance between two rights which are both protected by our constitution and by the European Convention on Human Rights – the individual’s right to their good name and privacy, and the right to freedom of expression, taking account of the vital role played by a free and independent press in our democracy. It is a priority for me and my Department to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.
