Dáil Éireann Debate, Tuesday - 8 March 2022
457. Deputy Patrick Costello asked the Minister for Justice when she will publish the review of the Defamation Act 2009 and prepare new legislation based on its recommendations; and if she will make a statement on the matter. [13005/22]
View answerThe Programme for Government, along with my Department’s Justice Plan, 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”.
On 1 March, I was pleased to publish the comprehensive Report of the Review of the Defamation Act 2009 and to have received Cabinet approval to begin work on new legislation to reform Ireland’s defamation laws.
The Report is the culmination of extensive work by my Department - including a wide-ranging public consultation, and a stakeholder symposium that brought together the media, academics, the legal profession, social media companies, NGOs, and relevant State bodies.
This Report considers in detail all the issues raised by submissions, examines relevant reforms in other common law countries, and sets out a range of recommendations for change.
The major proposals set out in the Report include:
- an end to juries in defamation cases
- easier access to justice for individuals whose reputation is unfairly attacked
- clearer protection for responsible public interest journalism
- reducing legal costs and delays
- measures to encourage prompt correction and apology, where mistakes are made, and new measures to combat abuse
- make it easier to grant orders directing online service providers to disclose the identity of an anonymous poster of defamatory material
The Government believes that with these recommendations, we have struck the right balance.
We should vindicate both the individual’s right to their good name and privacy; and the right of others to freedom of expression, taking account of the vital role played in our democracy by a free and independent media, and by other civil society actors, in providing information and debate on matters of public interest.
The Government Legislation Programme already includes preparation of the General Scheme of a Defamation (Amendment) Bill, to give effect to the recommendations approved by Government.
Further to publication of the Report, my Department will soon begin the preparation of the General Scheme which I will bring forward this year.
