CHANGE THE ACT Calling for urgent reform of Irish defamation laws - NewsBrands Ireland
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CHANGE THE ACT Calling for urgent reform of Irish defamation laws
Ireland’s Draconian Defamation Laws
Must Be Urgently Reformed -
It’s in The Public Interest
Ireland’s defamation laws are among the existence of many businesses
the most restrictive in Europe and today due to soaring insurance costs
throughout the English-speaking world. is mirrored in the exploitation of our
They result in having a chilling effect defamation laws by claimants who -
on the media’s role as the public’s unlike in the UK - do not have to prove
watchdog and its ability to reveal serious harm to their reputation, yet
matters of important public interest. pursue monetary claims in preference
to engaging the offices of the Press
Ombudsman and the Press Council.
WHY SHOULD THE LAW BE
UPDATED? SETTING THE RIGHT
Quite simply, it’s in the best interest BALANCE
of the democracy for which you as
a public representative work hard Good defamation policy is
and devote yourself to uphold, at categorically not about giving
a time when democratic values are journalists a free rein to write what
being threatened and undermined they like. It is about setting the right
throughout the world. balance in order to protect people’s
reputations and the need to defend
Of course, there’s ample recent and promote freedom of expression
evidence of important stories being and the media’s ability to freely report
exposed by Ireland’s media that on matters in the public interest.
otherwise would have remained
secret. But other equally serious REFORM IS LONG OVERDUE
and important matters of public
The current Defamation Act 2009 was
interest never get revealed because
due for review by the Department of
of defamation laws that impose
Justice in 2014. However, the review
potentially devastating levels of risk
didn’t commence until November 2016.
on publishers.
NewsBrands Ireland and Local
Furthermore, the high level of awards
Ireland, along with many other
and related legal costs are seriously
organisations, made submissions to
jeopardising the financial viability of
the Department of Justice in January
many local and national newspapers.
2017. To date, the review has not been
completed. This is unacceptable.
‘COMPO CULTURE’ The current Act is not fit for purpose
There is ample evidence that the and serves neither the public nor
‘compo culture’ which is threatening freedom of the press.
Tweet your support @newsbrandsirlAs mentioned earlier, it also facilitates of Press Ombudsman and Press
a system where many complainants Council of Ireland, an independent
choose the legal route and the and free mechanism for considering
prospect of a monetary award, rather complaints that is funded by
than utilising the services of the Office the industry.
WHAT CAN BE DONE TO BRING IRELAND’S DEFAMATION
LAW INTO LINE WITH THE REST OF EUROPE?
1. As a first step, the Department of Justice, Equality and Law Reform must
complete and publish the findings of the review of the Defamation Act 2009.
2. The new Defamation Act should include a ‘serious harm’ test. This test, already
successfully in operation in the UK, discourages trivial claims that can chill free
expression and inundate Irish courts with lengthy and costly court cases.
Claimants who do not meet the test have the option to take their case to the
Office of Press Ombudsman.
3. Cap on damages. Damages in Ireland are much higher – often multiples of the
equivalent awards in Europe. The Act should set a cap on court awards as is the
practice in a personal injuries actions
4. Abolition of juries. Defamation is virtually the only civil action that continues to
be decided by juries. The use of juries considerably lengthens the duration
of the trial, thus increasing legal costs, and the outcome and, and can result in
unpredictable levels of awards.
The above recommendations will provide:
nd, crucially, that
A
reputations can
A more balanced They will ensure be protected in a
and fairer process freedom of manner available
for the resolution of expression to everyone, not
defamation claims
just the rich and
the powerful
Tweet your support #ChangeTheActHow you can support independent journalism
If you want to support our campaign:
Contact your local TD and tell him or her you want measures
• to support independent journalism
• Tweet your support at #ChangeTheAct
• Follow us @newsbrandsirl for updates
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Ann Marie Lenihan Johnny O’Hanlon
CEO NewsBrands Ireland Director Local Ireland
E: amlenihan@newsbrands.ie E: johanlon@localireland.infoYou can also read
