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)

Dr. Mark Hanna:

On the question as to whether the changes in England and Wales had the desired effect, the answer is “Yes” and “No”. It is "Yes" because it has speeded up things and has, with their serious harm threshold, allowed them to test things relatively quickly as to whether there is a substantial claim and they can knock things out more easily, as it were. We have seen that effect happen. I also say "No" because defamation is becoming more and more expensive and the cost of lawyers and of proceedings is eye-watering, especially in London. That, I believe, is just the nature of media now and the Internet. There is so much defamation, it has somewhat exploded. It has had the effect where it would be a great deal worse if they had not put those changes in place. I believe it will be worse here also if reform is not made here in that regard. It works.

On the point about juries, it is not going to be a silver bullet. I accept that. There will also be many other things which will need to be changed. Juries will not fix it all but it seems like one of the first things. I am not saying will be easy but it is straightforward, relatively speaking. If the presumption at jury trials is reversed and the right is kept there, that would allow things to speed up and become a little more fluid, which would help in that regard. Yes, it is a help.

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