Seanad debates
Wednesday, 9 July 2025
Defamation (Amendment) Bill 2024: Second Stage
2:00 am
Garret Kelleher (Fine Gael)
Cuirim fáilte roimh an Aire, an Teachta O'Callaghan, atá ar ais sa Seanad chun an leasú seo don Bhille um Chlúmhilleadh a mhíniú dúinn agus a phlé linn. In broad terms I welcome this amending Bill. As the Minister has outlined, it includes many necessary and progressive provisions that will improve the laws and legal proceedings in the area of defamation. I especially welcome the proposal to include provisions to counteract the possibilities of SLAPPs. These are effectively actions taken with the intent of silencing individuals by burdening them with the costs of legal defence.
However, while acknowledging the steps forward in some of the provisions of the amending Bill before us, I wish to raise concerns expressed to me by ISME about what it considers excessive provisions under current defamation law where the rights and civil liberties of individuals seem to be prioritised over the rights of small business owners, who are currently operating in fear of being accused of defamation in cases where they ask a person in their shop or retail premises whether they have paid for an item they possess. While acknowledging the rights and civil liberties of individuals, it is of crucial importance to acknowledge and protect the rights of our small, medium and large business owners who contribute so much to our local communities and economy throughout the country. The inclusion of a harm test, as is the case in the neighbouring jurisdiction, the United Kingdom, is a positive step forward. It means a statement cannot be judged to be defamatory unless its publication has caused or is likely to cause serious harm to the plaintiff. However, I understand the harm test does not relate to an individual claiming they have been defamed. This seems to be the interpretation of Senator McDowell as well and I would very much appreciate it if this could be clarified in the closing remarks by the Minister or whoever is attending the remainder of the debate.
My colleague, Senator Nelson Murray, has been a strong voice for small businesses in this Seanad term and I fully expect her to speak further on the issue in her contribution. I ask that the issues I raised be addressed in the concluding remarks. I thank the Minister for his acknowledgment of the difficulties faced by retailers in the area of unmeritorious claims, but we also have to acknowledge that business owners must weigh up the risk and consider the possible financial severity of an adverse finding against them. This is something we also need to consider in the whole area of protecting our businesses as well. Other than that I broadly welcome the provisions in the Bill and I thank the Minister for his attendance today.
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