Minister McEntee receives Cabinet approval to reform Irish defamation law
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The Minister for Justice Helen McEntee has today received Cabinet approval to publish the Review of the Defamation Act 2009, and to prepare new defamation legislation.
The major proposals arising from the Review include:
The Minister noted that today’s decisions are a commitment in her Justice Plan 2021 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”.
Minister McEntee said:
“I am 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.
"We must ensure that our defamation law strikes the correct balance between rights which are protected both by our Constitution, and by the European Convention on Human Rights.
"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 Review is the culmination of very 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.
"I want to thank everyone who engaged with my department during the review process – their thoughtful and constructive contributions helped to shape this Report.”
Among the main concerns raised in submissions to the review were:
Minister McEntee added:
“This Review 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. I believe that with these recommendations, we have struck the right balance."
The Review’s key recommendations are summarised below. They aim to:
The Minister concluded:
“I intend now to begin the preparation of the General Scheme of a Defamation (Amendment) Bill on foot of the publication of the Review.. I look forward to further engagement with stakeholders, as part of the legislative process."
The Minister’s officials will consult in detail with the Office of the Attorney General, during the preparation of the General Scheme.
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.
Work on the detailed Review of the Defamation Act 2009 included:
The Full Report, and a short Summary Report, of the Review can be accessed below.
Full Report:
Report of the Review of the Defamation Act 2009
Report of the Review of the Defamation Act 2009
Summary Report:
Summary Review of the Report of the Review of the Defamation Act
Summary Review of the Report of the Review of the Defamation Act
Its main recommendations are summarised in annex.