Gerard Craughwell (Independent)

I welcome the Minister to the House. This is the first time I have addressed him since his elevation. I congratulate him on his new post and I think he is doing a fine job where he is.

I rise today to speak on behalf of ISME. My lovely speech has been ruined because several people have already adverted to ISME's critique of the Bill. Nonetheless, I feel obliged to put the association's concerns on the record. The first thing raised with me is the no-harm test. This means individuals who have not actually suffered any damage to their reputation can still sue for damages. This opens the door to frivolous and costly litigation, undermining the very purpose of the defamation law. Second, ISME pointed out there is no cap on general damages. Without limits, the risk of exorbitant awards will only serve to chill free speech and encourage legal threats rather than genuine redress. Third, the promise of transient retail defamation tests has been removed and replaced with a qualified privilege. This change will increase legal fees for retailers without offering them any meaningful protection.

Furthermore, the Bill's anti-SLAPP protections are woefully inadequate and do not meet the standards set by the EU anti-SLAPP directive, which Ireland must implement by May 2026. As a result, victims of sexual assault and rape may still be threatened by perpetrators with defamation actions, silencing their voices. The Bill also removes the promised improvements to section 26, which would have protected fair and reasonable publication. There is no protection for comedic or satiric content and no moral hazard for plaintiffs, meaning there is little to deter vexatious claims. It is unfair for the Minister to suggest that businesses should fight retail defamation actions when insurers have subjugated rights and our courts permit appeals without any constraints on the payments of defendants' costs. Let us be clear that this Bill is a sop to the legal industry - this is ISME speaking, not me, I have to say-----