Jennifer Murnane O'Connor
Question:40. Deputy Jennifer Murnane O'Connor asked the Minister for Justice her plans to tackle the increasing number of SLAPP cases being taken against media outlets in Ireland. [8242/24]
View answerThursday, 22 February 2024
Questions (40)
Written answers
The Government is conscious that powerful individuals and companies can attempt to misuse defamation laws to prevent journalists reporting in the public interest on their activities, and indeed to target public participation more broadly.
Strategic Lawsuits Against Public Participation – known as SLAPPs – are recognised, both here and internationally, as a significant challenge to press freedom, given the chilling effect they have on investigative journalists in their work.
Effective public participation must be safeguarded and journalists must be allowed to hold powerful individuals and organisations to account. The Report of the Defamation Review, which I obtained Government approval to publish in March 2022, already drew attention to this issue, and recommended the introduction of concrete measures to address the threat posed by SLAPPs.
On 28 March 2023, Government approved publication and priority drafting of the General Scheme of the Defamation (Amendment) Bill.
The General Scheme sets out targeted new measures to identify and tackle SLAPPs in defamation proceedings, while protecting access to the courts for all. This underlines that Ireland values public interest journalism, and is committed to maintaining it.
The proposed measures take account of best practice internationally and in other jurisdictions, and target internationally recognised hallmarks of SLAPP proceedings, such as a deliberate generation of maximised legal costs and delays to threaten and silence public interest reporting, often using greatly exaggerated or unfounded claims.
In particular, the Scheme includes specific measures against the bringing of SLAPP defamation cases, including, but not limited to:
• A new procedure for early dismissal of defamation proceedings that are shown to be a SLAPP
• Security for costs: the court can make an order at any stage requiring the SLAPP plaintiff to provide security for the defendant’s costs
• Award of costs: where a court is satisfied that defamation proceedings against public participation constitute a SLAPP, the plaintiff in those proceedings will bear all the defendant’s costs on a full indemnity basis.
The Government Legislation Programme for Spring 2024 provides for the priority publication of the Defamation (Amendment) Bill during the current Dáil Session. The Bill will ensure a balanced approach to protecting the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.