Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I move amendment No. 10:

In page 7, line 19, after “corporate” to insert “that is made on or after the date of the coming into operation of section 6 of the Defamation (Amendment) Act 2025”.

This group consists of the transitional provisions included throughout the Bill. Before I address those amendments, since we are on section 8, I will refer to the section. It deals with the provision of a new defence for retailers in circumstances where they are accused of defamation by persons who allege they were defamed by the retailer because they were stopped to check whether they had paid for goods or services. This provision, which is contained in section 8, remains completely intact from the time it was introduced by my predecessor, the Minister, Deputy McEntee, on 2 August last year. The reason I make that point is there has been some ill-informed and very inaccurate commentary suggesting I have in some respect changed or amended section 8. That is completely incorrect. It remains exactly the same.

This is a vigorous and very powerful defence I hope retailers will use. The reason the Oireachtas is unanimously giving them this power is to ensure they are not subjected to unnecessary defamation actions. However, if they do not avail of the statutory provision we are giving them, they cannot subsequently complain about the fact that it is insufficient. It is a very sufficient and powerful protection and they should avail of it. Any commentary to the contrary, suggesting I have in some way changed or amended it from the way it was introduced, is simply false.

Amendment No. 10 provides that the serious harm test introduced for bodies corporate by section 6 will apply with respect to statements made about bodies corporate from the date of the commencement of section 6.

Amendments Nos. 11 to 14, inclusive, 17 and 37 concern the new and updated defence provided for in the current sections 7 to 11, inclusive, and section 20. The amendments provide that the defences will apply to causes of action which accrue on or after the date those defences come into operation. For example, the defence of live broadcasting introduced by the current section 11 will come into operation for broadcasts made after that section commences.

Amendments Nos. 17 to 22, inclusive, relate to procedural changes provided for in the current sections 12 to 16, inclusive. The amendments made by these sections come into effect only in respect of proceedings brought on or after the date those sections come into force. For example, section 16 provides for certain requirements regarding the making of correction orders. Those requirements will apply to defamation actions brought after that section is commenced.

Clearly, this group of amendments comprises transitional provisions. They all provide the same with regard to providing that the defences only come into operation after the commencement of the legislation.

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