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:

I will pick up on the numbers and answer Senator Martin's question in that context. It might be a useful exercise to test how many of those cases the defendants chose to settle on rather than going to a jury. That might give some kind of answer on that matter. No doubt that would not be seen in criminal trials, but you cannot compare criminal trials with civil trials. You cannot even compare defamation proceedings with other civil trials. The comparison does not work. I certainly think that more defendants would choose to settle early rather than go the long haul and wait for a jury to make decisions, which are slightly unpredictable.

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