Simon Harris (Wicklow, Fine Gael)
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The Programme for Government contains a commitment 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.

On 28 March 2023, Government approved publication of the General Scheme of the Defamation (Amendment) Bill to reform our defamation legislation.

Government approval was also secured on this date for priority drafting of the Bill to commence and referral of the General Scheme for pre-legislative scrutiny.

The General Scheme takes into account recommendations of the report of a major review of the Defamation Act, 2009, which was published by the Department of Justice in 2022. The General Scheme provides for significant reforms including:

- The abolition of juries in High Court defamation actions;

- The insertion of a new Part into the Act to deal with strategic lawsuits against public participation (SLAPPS);

- Amends to the defence of ‘fair and reasonable publication’ on a matter of public interest to make it simpler and clearer;

- An extension of the defence of ‘innocent publication’ to live broadcasts, website operators and to persons who are not the author, editor or publisher of a statement;

- A new statutory power for the High Court or the Circuit Court to direct an intermediary service provider to provide information identifying an anonymous owner and operator of an account, author/poster of a defamatory statement;

- Requiring solicitors to inform their clients of alternative dispute resolution options including mediation before issuing defamation proceedings, and obliging parties to consider those options;

- If a person is defamed, the correction must be published with equal prominence to the defamatory publication;

- Plaintiff or defendant may lodge an offer of settlement in court, which will be taken into account in determining costs;

- Provisions to address the issue of ‘libel tourism’;

- A statutory Notice of Complaint process, to make it easier, quicker and cheaper to notify a digital publisher of online defamatory content, and request takedown.

As the Deputy may be aware, the Justice Plan 2023 provides for the publication of the Defamation (Amendment) Bill in Quarter 4 2023.