Progress on Defamation and SLAPP Reform in Ireland

Minister for Justice, Home Affairs and Migration Jim O’Callaghan recently announced the passage of the Defamation (Amendment) Bill through both houses of the Oireachtas. The Bill must now be signed into law by the President. Minister O’Callaghan also announces the publication of the General Scheme of the Strategic Lawsuits Against Public Participation Bill. Our Dispute Resolution team discusses the updates.

What you need to know

• The Defamation (Amendment) Bill 2024 has completed its journey through the Oireachtas.
• The next stage will be for the President to sign the Bill into law.
• Minister O’Callaghan also announced the publication of the General Scheme of the Strategic Lawsuits Against Public Participation Bill.

Defamation (Amendment) Bill 2024

In making the announcement, Minister Jim O’Callaghan has said:

“The Bill aims to reduce legal costs and delays for all parties in defamation proceedings; to support easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings; and to provide enhanced protection for responsible public-interest journalism and public participation.”

We previously discussed the key changes proposed in the Bill.

The most talked about change is the reform of the role of juries in High Court defamation cases. The new legislation will see juries abolished in High Court defamation cases. This change has been largely welcomed. We conducted a survey in October 2025 to assess the level of support for judges over juries in defamation cases. Of the General Counsel and legal professionals polled, there was near unanimous support for the change. Almost all respondents (95%) said they thought a judge would deliver more predictable outcomes on liability and damages. Read more about this survey here.

In addition, the Bill introduces a serious harm test for corporate bodies who wish to bring defamation proceedings. A corporate plaintiff must demonstrate that the publication has caused or is likely to cause serious harm to its reputation. Harm to the reputation of a corporate body trading for profit will not be considered serious unless it has cause or is likely to cause serious financial loss.

The next step will be for the Defamation Bill to be signed into law by the President.

SLAPPs

Part 7 of the Defamation Bill introduces protective measures for those targeted by Strategic Lawsuits against Public Participation Proceedings (SLAPPs). SLAPPs occur when a plaintiff launches unfounded defamation proceedings against an individual or organisation. The plaintiff’s aim in doing so is to attempt to silence or disrupt responsible investigation, discussion or debate on matters of public interest. For example, one measure allows the Circuit Court to publish a judgment on the Courts Service website where the Circuit Court finds defamation proceedings to be a SLAPP.

The Minister also published the General Scheme of the Strategic Lawsuits Against Public Participation Bill. This legislation will mirror the provisions in Part 7 of the Defamation Bill for all other civil and commercial proceedings outside of defamation proceedings. It will also complete Ireland’s transposition of the EU Anti-SLAPP Directive[1].

The heads of the General Scheme include a requirement that courts act promptly when dealing with a request for early dismissal of manifestly unfounded claims. Where there is a prima facie case that the proceedings are abusive, the court may require the plaintiff to provide security for the defendant’s costs and/or damages. Prima facie means that, on the face of it, there is enough evidence at an early stage to support the allegation, unless it is later disproved. The court may also allow the inclusion of an amicus curiae. This is an independent third party, such as a human rights body or non-governmental organisation with relevant expertise, which assists the court in the proceedings. The General Scheme also allows for these entities to provide support to the defendant at the court’s discretion.

When making the announcement, Minister Jim O’Callaghan noted:

“Strategic Lawsuits Against Public Participation (SLAPPS) are recognised, nationally and internationally, as a significant challenge to press freedom, and a danger to democracy itself, given the effect they have on the work of investigative journalists and others including those involved in protection of human rights.”

A copy of the General Scheme of the SLAPPs Bill can be found online.

Conclusion

The enactment of the Defamation Bill will be welcomed by parties and practitioners alike. Discussion around defamation reform in Ireland dates back over three decades to the Law Reform Commission Report on the Civil Law of Defamation published in 1991. In recent years, the Defamation Act 2009 had struggled to keep up with the ever-evolving media landscape. The announcement of the SLAPPs Bill compliments this progress and will be particularly welcomed by journalists and broadcasters who are becoming increasingly subject to this type of case.

In terms of next steps, it is unclear whether the changes will result in an overall increase in defamation cases brought before the courts. Although the abolition of jury trials before the High Court suggests proceedings may become more cost effective, the Bill also introduces a range of new defences such as the retail defamation defence which may deter actions which would previously have been issued. From a procedural perspective, the introduction of a Circuit Court identification order will make the identification of anonymous publishers more accessible and cost effective for plaintiffs. Internet Service Providers, particularly those whose users may post content anonymously, should continue to implement data preservation policies that allow for the disclosure of user information when required by court order.

For more information and expert advice on commercial disputes, contact a member of our Dispute Resolution team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] Directive (EU) 2024/1069