Seanad debates
Wednesday, 9 July 2025
Defamation (Amendment) Bill 2024: Second Stage
2:00 am
Gerard Craughwell (Independent)
-----which benefits from maintaining Ireland's astronomical levels of defamation litigation. Even as claims fell to 289 cases in 2024, this remains higher than the 250 cases in England, as already pointed out. There is no judicial justification for this disparity. The Courts Service's annual report only scratches the surface. Defamation actions generate an estimated €30 million to €50 million in fees each year for a small group of lawyers. By the way, I do not object to people making a living. I am representing the views of ISME here.
There is no justice in this bad law. The Bill is opposed by a wide circle of civil society groups, journalists and media and legal academics. It fails to meet the threshold of reform required by the European Court of Human Rights, risking reputational damage to Ireland and possible enforcement proceedings by the European Commission. It is never too late to do the right thing. If the Bill cannot be amended, it should be opposed. This is the view of ISME. It is not just the view of that association. Several civil society groups have also emailed me in recent days concerning this legislation. I have represented their views to the Minister.
From a personal perspective, I fully support my colleague, Senator McDowell, with respect to jury cases. I would rather be judged by 12 of my peers than by a judge forced to make a decision as to whether he or she believes that I or a particular plaintiff or defendant in a case has lied. I think it is asking a lot of one individual.
I must also say that I am delighted the Minister is bringing forward provisions in this Bill in the area of social media. It is time we tackled the keyboard warriors and those who feel they can say anything they want about anybody they want to and get away with it. In some cases, they feel in some way safe by not naming an individual, but they say enough to identify the individual in question. I am, therefore, delighted the Minister has brought these elements forward and I hope to see the Bill pass on this basis. I will leave it at that. I thank the Minister for his time.
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