Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Deputy. I convey the apologies of my colleague, the Minster for Justice, Deputy McEntee, who regrets she cannot be here for this matter owing to another commitment. She recognises that SLAPP proceedings are a significant potential threat to freedom of expression and to public participation, both in Ireland and internationally, particularly in respect of investigative journalism on matters of public interest. The programme for Government commits to a review of Ireland's defamation laws, as do the Department of Justice's Statement of Strategy 2021-2023 and the Minister's justice plan. The Department has carried out a review of the Defamation Act 2009, the report on which was published in March.

On 27 April 2022, the European Commission published a proposal for a directive that aims to provide common procedural safeguards at EU level against SLAPPs. Ireland opted into the adoption and application of the proposed anti-SLAPP directive, in accordance with Protocol 21 of the Treaty on European Union-Treaty on the Functioning of the European Union, in early July 2022. The proposed directive is now under consideration by a working party of the European Council and the Minister's officials are contributing to that discussion. The objectives of the Commission's proposed anti-SLAPP directive are compatible with those of our proposed reforms to defamation law.

The Department's defamation report includes a recommendation to "introduce a new 'anti-SLAPP' mechanism, to allow a person to apply to court for summary dismissal of proceedings that he/she believes are a SLAPP". A defamation (amendment) Bill to advance reforms following the review is included in the Government's autumn legislation programme. The Department is working on the general scheme of the amending Bill. The Minister hopes that the drafting of the general scheme will be completed as soon as possible. It is intended that we will take full account of the development of the anti-SLAPPs directive during its reading before the European Council. The Minister will also be taking full account of the new EU Digital Services Act as it pertains to online defamation.

Ensuring that journalism can flourish and that journalists can carry out their work safely and free from harassment is a responsibility shared by all democratic governments. Earlier this year, a new journalist safety group was set up comprising representatives of An Garda Síochána and representatives of the media and the National Union of Journalists. The group will allow journalists and An Garda Síochána to work in collaboration to make sure journalists are free from threats and violence. A Garda liaison officer has been appointed and steps taken to facilitate the reporting and addressing of individual complaints of harassment and abuse of journalists. In light of the importance of these matters, the Minister intends that a representative of the Department will join the group. The forum will allow regular discussion on how best to address matters of journalist safety including the increasing phenomena of online harassment and the making of online threats.

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