The Programme for Government commits to ‘review and reform 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’.
The review of the Defamation Act 2009 is currently being completed by my Department. The objective set for the defamation review is to balance 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.
I expect to receive the report of the review, with options for reform, in the coming weeks, with a view to bringing proposals for legislative change to Government for approval before the end of the year. The Defamation (Amendment) Bill is included in the Government’s Legislation Programme, which was published on 15 September.
My Department is aware of the concerns that have been raised by a number of European and international NGOs concerned with the protection of press freedoms, regarding the possible abusive practice, by certain entities, of strategic lawsuits against public participation ( or ‘SLAPPs’) in different national jurisdictions, which are among the issues monitored by the Council of Europe.
This issue was not raised by the submissions to the defamation review, but it has nevertheless been included among the issues being considered by my officials, and I expect that it will be addressed in the forthcoming report.