Martin Heydon (Kildare South, Fine Gael)
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305. To ask the Tánaiste and Minister for Justice and Equality his plans to address the defamation laws; and if he will make a statement on the matter. [37608/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware the Defamation Act 2009 codified and reformed Irish Defamation law. Section 5 of the 2009 Act requires my Department to undertake a review of the operation of the Act and this review is currently ongoing.

The parameters of the review were published on the website of the Department of Justice and Equality as well as a call for submissions for a public consultation on the operation of the Defamation Act. Submissions to this public consultation were also published on the Department’s website. In announcing the review, I stated that the central focus for the review is to ensure that our law strikes the correct balance between the right to freedom of expression in a democratic society, and an individual’s right to protect their good name and privacy against unfounded attack – rights which are protected both under our Constitution and under the European Convention on Human Rights.

Amongst other matters, the review will address whether any changes should be made to the level or type of damages which may be awarded in defamation cases, or to the factors to be taken into account in making that determination. In addition, the review will address whether any changes should be made to the respective roles of judge and jury in High Court defamation cases. The review will further address the adequacy of the current range of defences under the 2009 Act, including the defence of fair and reasonable publication on a matter of public interest.

My officials have completed extensive work on the review, which includes a comparative examination of the law of defamation in other jurisdictions, including in relation to assessment of damages and the respective roles of judge and jury. The timeframe for the review was extended due to requests by stakeholders for more time to prepare their submissions, the complexity of the issues under consideration, the wide scope of the submissions received, other urgent legislative priorities for the Department, and significant intervening judgments of relevance from the European Court of Human Rights and the Supreme Court.

The review will culminate in a report to that will be submitted to me and that will include a range of options for reform of the 2009 Act. My officials have informed me that it is expected that the draft report with options for reform will be submitted to me before the end of 2018.