Lynn Ruane (Independent) | Oireachtas source

As an aside to that, I wonder also about the bodies corporate and the public authorities piece. In reading Ireland's anti-SLAPP network submission to the Oireachtas Joint Committee on Justice, in head 4 under serious harm in relation to bodies corporate and then again in head 5 in relation to public authorities, they recommend that public authorities should be prevented from bringing defamation actions. What are the witnesses thoughts on that?

With regard to the strategic lawsuits against public participation, SLAPP, measures, the network submission also suggests that SLAPPs are not confined to one cause of action. In head 24, where it defines proceedings against public participation as proceedings brought under another part of the Act against an act of public participation, they suggest that limiting anti-SLAPP provisions to defamation could restrict effectiveness of Ireland's overall legal framework to tackle SLAPPs. Do the witnesses have any insights or comments on that in the context of the other areas of action where the anti-SLAPP measures would need to be protected? These are two kinds of side questions around defamation, the understanding of defamation and the laws, and how they need to be obviously reformed.

It may have been Ms Harty who referred to emerging technologies. Will the witnesses comment on that a bit more as to what we need to look at there. In a sense Twitter and social media are not emerging technologies any more, but I do not believe there is any case law in Ireland. Where does defamation stand around the retweeting of information? I believe there was a case in the UK with a politician. What if somebody retweets or shares something that may be defamatory, even if he or she does not add context, only retweets, and never puts words on it or agrees with it? Does this legislation go in any way to address social media at all, or the use of technologies with regard to defamation? Potentially, what should we be doing and looking on that in the context of this Bill?

My other question relates to another area that I have worked on around non-disclosure agreements. In all the research I have done around non-disclosure agreements, I see there is also a very consistent use of the use of non-disparagement clauses within contracts. Is there a connection between them? If we reform the law around defamation, non-disparagement clauses seem to be an even lower bar than defamation. It is just about disparaging. While we say there are problems with our defamation laws and how they are used, how restrictive they are, and how they get in the way of expression, accountability or the press, on the other hand, we have employers introducing non-disparagement clauses. How would these two things interact with each other? Where does the law stand on non-disparagement clauses? I can see a connection between the two but I just do not know exactly what it is in the context of this legislation. These are my questions and comments.