Denis Naughten (Roscommon-Galway, Independent)
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620. To ask the Tánaiste and Minister for Justice and Equality her plans to make social media companies accountable in Irish law for false, misleading and defamatory publications on social media platforms; and if she will make a statement on the matter. [28854/20]

Helen McEntee (Meath East, Fine Gael)
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In relation to defamatory publications, my Department is currently completing a review of the Defamation Act 2009. This review is included in the Programme for Government, which contains a commitment (p. 122) to ‘review and reform defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice’.

I expect to receive the report of the review, with options for change, in the coming weeks, with a view to bringing proposals for legislative change to Government for approval before the end of the year. The Defamation (Amendment) Bill is included in the Government’s Legislation Programme, which was published on 15 September.

The Review is addressing the wide range of issues raised in submissions made to it, including how to tackle effectively the new and specific problems raised by online defamation.

The objective set for the defamation review from the outset was to ensure that our defamation law strikes the correct balance between rights which are protected by our Constitution and by the European Convention on Human Rights – the individual’s right to their good name and privacy, and the right to freedom of expression, taking account of the vital role played by a free and independent press in our democracy.

It is a priority for me and for my Department to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.

My Department does not have a role in relation to the regulation of false and misleading information more generally on social media platforms.

Denis Naughten (Roscommon-Galway, Independent)
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621. To ask the Tánaiste and Minister for Justice and Equality her plans to provide greater powers to gardaí to access information in relation to false, misleading and defamatory publications on social media platforms and prosecute if and when the need arises; and if she will make a statement on the matter. [28855/20]

Helen McEntee (Meath East, Fine Gael)
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I can inform the Deputy that the new Programme for Government,Our Shared Future, commits to reviewing and reforming defamation laws, to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.

In relation to defamatory publications, my Department is currently completing a review of the Defamation Act 2009. I expect to receive the report of the review in the coming weeks, with a view to bringing further proposals for legislative change to Government for approval before the end of the year.

The Review is addressing the wide range of issues raised in submissions made to it, including how to address the new and specific problems raised by online defamation.

The objective set for the defamation review from the outset was to ensure that our defamation law strikes the correct balance between rights which are protected by our Constitution and by the European Convention on Human Rights – the individual’s right to their good name and privacy, and the right to freedom of expression, taking account of the vital role played by a free and independent press in our democracy.

The Deputy may also be aware that with respect to the regulation of false and misleading information more generally on social media platforms, my colleague, the Minister for Media, Catherine Martin TD, will be bringing forward the Online Safety and Media Regulation Bill. The General Scheme of the proposed Online Safety and Media Regulation Bill was approved by Government on 9 January 2020 and subsequently published. Among other things, the proposed Bill provides for the creation of a regulatory framework for online safety, which will be overseen by an Online Safety Commissioner as part of a wider Media Commission.