Niall Collins (Limerick County, Fianna Fail)
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657. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the increasing use of libel actions to intimidate new retail outlets and politicians; the steps she is taking to monitor this; and if she will make a statement on the matter. [51583/22]

Helen McEntee (Meath East, Fine Gael)
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The Deputy may be aware that I secured Government agreement on 1st March 2022 to publish a major report on the review of our defamation law carried out by my Department and, on foot of that report, to begin preparation of a General Scheme of a Defamation (Amendment) Bill. The Report contains a number of recommendations which relate to the issues raised by the Deputy.

The objective set for the Review from the outset was 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 Report is published on my Department’s website and is the culmination of extensive work by my Department on a comprehensive review of the Defamation Act 2009 – including a wide-ranging public consultation, and a stakeholder symposium that brought together the media, academics, the legal profession, NGOs, and relevant State bodies. The Report considers in detail all the issues raised by submissions to the public consultation, examines relevant proposed, and implemented, reforms in other common law countries and at EU level, and sets out a range of recommendations for change.  The Report’s key recommendations aim to:

- avoid disproportionate awards, and support more consistent, proportionate and predictable redress in defamation cases;

- ensure that an individual whose good reputation is unfairly attacked can avail of quicker, more efficient, better targeted redress, including in cases of online defamation;

- provide clearer protection for responsible public interest journalism and investigative reporting;

- significantly reduce unnecessary legal costs and delays, for all concerned;

- increase the use of ADR, and of prompt correction and apology, where mistakes are made; and

- introduce new measures to combat abuse.

A key recommendation in the report is to introduce a new ‘anti-SLAPP’ mechanism - referring to Strategic Law Suits against Public Participation - to allow a person to apply to court for summary dismissal of proceedings that he/she believes are a SLAPP. SLAPPs are legal proceedings, often without merit, whose main objective is not to succeed on the substantive issue claimed. Instead, they seek to deter debate or criticism by the defendant on matters of public interest, which is inconvenient to the plaintiff’s interest, by generating disproportionate costs and burdens of litigation to intimidate and obstruct them.

The Report also recommends that consideration should be given to the introduction of a ‘serious harm test’ in the case of certain ‘transient’ defamation claims (claims regarding a statement made in non-permanent form, in the course of providing or refusing retail services) to prevent frivolous or vexatious actions.

The Defamation (Amendment) Bill is included in the Government’s autumn Legislation Programme, and my Department is currently working on the General Scheme.