Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Defamation (Amendment) Bill: Discussion (Resumed)

Mr. Michael Kealey:

It is but we do find the occasional case, which is why we are looking for a serious harm test, particularly in retail, where people, on asked to produce a receipt, say they will go to court. The reality is that if they lose such a case, and costs are awarded against them, which in a Circuit Court action may be €40,000, the retailer will not be able to get that back from the person in question. The costs are even higher for defendants in a media case. People who are sued and are in the High Court for six days will run up costs of between €300,000 and €400,000 and they will never get them back. One of the problems we have now is that even if defendants win, they lose. This is why we settle.

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