Neasa Hourigan (Dublin Central, Green Party)
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As the Minister of State will appreciate, one of the strongest elements of our democracy is the energy and commitment of our community and activist groups. These are ordinary citizens who band together to enter into debate, to bring attention to injustice and to lift up their voices. I have had positive experiences with these groups and these people, even when we disagree. That is why I am so disheartened to see a shadow cast over this community over the past few weeks.

As the Minister of State will no doubt be aware, there has been a lot of public discourse on defamation. I welcome the Government's commitment to legislate against strategic lawsuits against public participation, SLAPPs in the coming months. These are meritless or vexatious lawsuits taken by powerful individuals or organisations against weaker parties who express an opinion or convey information on a public matter that is perceived as unfavourable or uncomfortable to the powerful. However, I have been made aware of a further unseen layer of this activity that would not, and could not, be impacted by the proposed legislation. While SLAPP legislation will address initiated legal action, often on defamation, as far as I understand it, it will not cover actions prior to that initiation and their interaction with non-disclosure agreements, NDAs. What I am describing is a process whereby a person or entity instructs a legal representative to write a letter threatening legal action, sometimes demanding an apology, usually demanding some financial restitution and, increasingly and more worryingly, demanding the signing of an NDA, all without any court being troubled at any time. The Coalition against SLAPPs in Europe is tracking cases like this and would welcome hearing from anyone impacted by them, as would I.

To provide an example, a columnist in one of our national newspapers, Mr. David Quinn, has threatened legal action against a member of a group advocating for safe access zones for women accessing abortions. He has asked not only for money and an apology, but also the signing of an NDA. Mr. Quinn has targeted this group in his columns before and his opinions cannot reasonably be disentangled from those of his employer, the Iona Institute. This is relevant because we know that foreign money is flooding into Ireland and other European countries to stoke discord. In 2021, the European Parliamentary Forum for Sexual and Reproductive Rights published a report called The Tip of the Iceberg. That report outlined the Iona Institute's interaction with funds from Fondazione Novae Terrae. This foundation bankrolls activity against what it describes as new or secular rights such as reproductive rights, marriage equality and trans rights. The possible involvement of the Iona Institute here is relevant because its 2020 financial statements showed that it did not incur legal expenses. If its director enjoys the same luxury, a great many activists and groups in Ireland could have received similar letters from Mr. Quinn but, of course, neither we nor the Government will ever know that because the NDAs are in place and the matters in question will never get to court. I ask that any review of the Defamation Act 2009, any SLAPP legislation and any legislation at all in this area would examine what additional protections can be put in place for activists and groups in the pre-court phase of this type of activity.

Dara Calleary (Mayo, Fianna Fail)
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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.

Neasa Hourigan (Dublin Central, Green Party)
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I thank the Minister of State. As I have said, I welcome the Government's work on this. I am particularly happy to hear an answer that flags the issue in respect of journalists in particular because I am aware of a number of journalists who are experiencing what I described in my previous contribution. Everyone is entitled to his or her good name. I would not argue that for a second. No one should have to deal with abuse in any form, whether online or in person. All of us in this Chamber know that people of prominence are likely to be the subject of harsh criticism and fairly critical engagement. Who we, as prominent people, choose to ignore and who we demand money, apologies and silence from matters and is relevant. If someone has been maligned or defamed and an individual then retracts their comments, there should be no need for NDAs. I hope future legislation can recognise that. If your grievance and good name have been vindicated, that should be public knowledge. It would be important to include that in legislation.

Dara Calleary (Mayo, Fianna Fail)
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I thank the Deputy for that final comment. As we prepare to reform our defamation laws, further remedies are available to journalists and activists who are subject to harassment when carrying out their work. For example, harassment within the meaning of section 10 of the Non-Fatal Offences against the Person Act 1997 carries a maximum penalty of up to ten years in prison. Any assault causing harm on any person is an offence under section 3 of the same Act.

A person convicted of such an offence would be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a maximum fine of €2,500 or both. The Minister has signalled her intention to increase the maximum penalty available for this offence to ten years' imprisonment in amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Oireachtas.

There is also Coco's Law, which the Minister commenced last year. Coco's Law strengthens the Government's response to harm perpetrated online as well as offline and ensures that individuals who commit crimes in contravention of this legislation can be brought to justice. This important Act not only created new offences relating to intimate image abuse, it also broadened the scope of the existing offence of harassment and increased the maximum penalty applicable. It provides for an offence of sending, distributing or publishing a threatening or grossly offensive message to or about another person with intent to cause harm. It also broadened the scope of the current offence of harassment under the Non-Fatal Offences against the Person Act, which previously referred to communication to a person. It now includes persistent communication about a person, sometimes referred to as indirect harassment. The maximum penalty for harassment has been increased from seven years to ten years to reflect the harm caused by the most serious forms of harassment.