James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions to what has been an informed and enlightening debate. As the Minister, Deputy McEntee, said at the outset, our Department is committed to reforming defamation law into robust, modern legislation that addresses some of the complex challenges of a digital age. It is essential that our defamation legislation protects those human rights that are fundamental to democracy. There must be a right to freedom of expression and respect for the crucial role played in our democracy by a free and independent media and by other civil society actors in providing information and debate on matters of public interest. The legislation, likewise, needs to recognise the right of our citizens to their good name and reputation and their right to access to justice when these rights are unfairly attacked. Striking the right balance between those rights is a key aim of the Minister's legislative reform. This review is the culmination of five years of extensive consultation and research.

As the Minister has stated, defamation is an extremely complex area of law. That is why it was essential to take the time and effort to get this report right. The review is based on a wide-ranging public consultation launched in November 2016. The Department received a significant number of submissions, which speaks to the importance of this legislation and the range of views on it. Submissions were received from the broadcasters; the National Union of Journalists; the national and local print media; the Bar Council; the Law Society; Free Legal Advice Centres, FLAC; legal firms; and individual lawyers and academics. Social media platforms, including Facebook, Twitter, Google and Yahoo!, also made submissions, as did ISME, the Irish Council for Civil Liberties, the Press Council and the current and previous press ombudsmen.

In November 2019 my Department hosted a critical perspectives symposium at which Irish and international experts spoke on defamation law reform. There was extensive stakeholder participation in the event, which brought together the media, academics, the legal profession, social media companies, NGOs and relevant State bodies.

I reiterate the Minister's thanks to everyone who engaged with our Department during the review process and helped to inform this important piece of work. There was great convergence in some areas while significant divergence emerged in others. Overall, I believe that with the recommendations set out in this review, we have taken all perspectives into account to the greatest extent possible and have struck the right balance. We have also looked at best practices in other comparable jurisdictions such as the UK, Canada and Australia when developing our proposals for reform. Our Department is committed to enacting defamation law that will safeguard against any attempts to weaken and deter public interest discussion and investigative journalism.

The Minister has already outlined the package of measures launched last month by Commission Vice President Věra Jourová to combat strategic litigation against public participation, SLAPP, at EU level. As the Minister noted, our review already specifically recommended that the law be amended to introduce a new anti-SLAPP mechanism in Irish defamation law. The Commission's work seeks to strengthen protection at EU level for freedom of expression, taking account of the vital role played in our democracy by a free and independent media in providing information and debate on matters of public interest while respecting other relevant fundamental rights. The proposed directive seeks to enable judges to swiftly dismiss unfounded lawsuits against journalists and human rights defenders. It would also provide for several procedural safeguards and remedies, such as compensation for harm caused and dissuasive penalties for launching abusive lawsuits. The directive is limited for reasons of legal competence to civil proceedings with cross-border implications between EU member states. The Commission has adopted a complementary recommendation to encourage member states to align their national procedural rules with the proposed EU law. It also calls on member states to take a range of other measures, such as training and awareness raising, to fight against SLAPPs. We look forward to contributing to the discussion on these measures and sharing our experience of reviewing Irish defamation law.

It should be noted that a number of our fellow EU member states deal with defamation as a criminal matter, which can attract imprisonment and fines, rather than as a civil matter, as we do here in Ireland. I hope that our reformed and amended defamation legislation will see Ireland become a leader of fair and free expression in the European Union. That process is under way with preparation of the general scheme of a defamation (amendment) Bill. The Minister has committed to publishing the Bill in quarter 4 of this year, as set out in the justice plan of 2022. We look forward to engaging further with Deputies as this legislation progresses.

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