Written answers

Tuesday, 13 October 2020

Department of Justice and Equality

Legislative Measures

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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406. To ask the Tánaiste and Minister for Justice and Equality if she has included measures that will address the abusive practice of strategic lawsuits against public participation which increasingly threaten media freedom in the heads of a Bill in view that a report on the reform of the law on defamation was submitted to her in early 2020 with a view to bringing forward legislative proposals in due course. [30120/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Programme for Government commits 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’.

The review of the Defamation Act 2009 is currently being completed by my Department. The objective set for the defamation review is to balance 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.

I expect to receive the report of the review, with options for reform, 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.

My Department is aware of the concerns that have been raised by a number of European and international NGOs concerned with the protection of press freedoms, regarding the possible abusive practice, by certain entities, of strategic lawsuits against public participation ( or ‘SLAPPs’) in different national jurisdictions, which are among the issues monitored by the Council of Europe.

This issue was not raised by the submissions to the defamation review, but it has nevertheless been included among the issues being considered by my officials, and I expect that it will be addressed in the forthcoming report.

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