The much-needed measure to modernise Ireland’s defamation laws has been approved by the government, reports RTE.
The new law, which is scheduled for publication next week, will do away with juries in High Court defamation cases among other things.
The government thinks it will address the problem of awards in these cases being excessively large—awards that are frequently significantly lowered upon appeal.
The Defamation Bill also intends to lower the expense of defending one’s reputation, especially in the case of anonymous internet trolls, which can currently only be handled in the High Court.
Additionally, the measure would provide defence against “SLAPPs,” or Strategic Lawsuits Against Public Participation, reports RTE.
International recognition exists for SLAPPs, which are frequently used against specific journalists, as a danger to press freedom and democracy.
Speaking in Dublin, Tánaiste Micheál Martin said: “Freedom of the press is the essential cornerstone of our democracy, and we have to protect that at all costs. We do need of course to balance that safeguarding and freedom of expression with the right to the protection of good name and reputation and the right of access to justice. I think the bill gets the balance right and strikes the right balance in that regard,” reports RTE.
Justice Minister Helen McEntee stated that the law “will introduce protective measures against SLAPPs, again to protect defendants who are being targeted manifestly and unfoundedly” in reference to SLAPPs.
Additionally, the minister states that it will guard against the misuse of the legal system, which is employed to “stifle public debate and to prevent a public interest or investigative journalism.”
She added: “We cannot allow our defamation system to be abused in other ways as well and what we’ve seen in recent years is defamation being used against our retailers, which is increasing the cost of insurance for those retailers as well,” reports RTE.
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