Dáil Éireann Debate, Wednesday - 4 May 2022
410. Deputy Patrick Costello asked the Minister for Justice the steps, legislative or otherwise, her Department will take to give effect to the recent recommendation issued by the European Commission on protecting journalists and human rights defenders who engage in public participation from SLAPP suits; and if she will make a statement on the matter. [22354/22]
View answerFirstly, I want to acknowledge the recent launch by Vice-President Jourová, of the European Commission’s package of proposed measures to combat SLAPPs - Strategic Lawsuits Against Public Participation - and the work undertaken by the Commission in this area.
This refers to the strategic and abusive use by a powerful entity of vexatious litigation, to weaken and deter public interest discussion (and in particular, investigative journalism).
It is important to distinguish between the two main elements of the Commission's anti-SLAPP package, a Commission Recommendation to Member States, and a proposal for a Directive.
The Deputy is referring to the Recommendation, which is not legally binding, and provides guidelines, or suggestions, on a range of possible legislative and non-legislative measures that could be introduced at national level, to be considered by Member States. My Department officials are analysing the detail of the Recommendation, and will, of course, be examining carefully those suggestions that would fall within my responsibility as Minister for Justice.
As the Deputy will be aware, on 1 March 2022, the Government agreed to publish the Report of the Review of the Defamation Act 2009, carried out by my Department, and to prepare amending legislation in this area. I am committed to reforming Irish 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 is now commencing work on preparing the General Scheme of the amending Defamation Bill.
The Review Report, which has been published on my Department's website, specifically addresses the issue of SLAPPs and recommends, in particular, a number of measures to:
- avoid disproportionate awards in defamation cases and support more consistent, proportionate and predictable redress; and
- provide clearer protection for responsible public interest journalism and investigative reporting.
In particular, the Defamation Report’s main recommendations include that the law be amended to introduce a new ‘anti-SLAPP’ mechanism, to allow a person to apply to the court for summary dismissal of defamation proceedings that he/she believes are a SLAPP. Such action would, of course, go beyond the scope of the Commission’s proposed Directive, which is limited to cases with cross-border implications between EU Member States.
The introduction of a new ‘anti-SLAPP’ mechanism, as proposed by the Report, would also allow the court to award full legal costs to a person who was found to be the target of a SLAPP action, against the entity that had initiated the SLAPP proceedings, where the court considered this appropriate.
