Written answers
Wednesday, 5 February 2025
Department of Employment Affairs and Social Protection
Freedom of Speech
Peadar Tóibín (Meath West, Aontú)
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769. To ask the Tánaiste and Minister for Justice and Equality if he will meet with citizens who are the target of strategic lawsuits against public participation on environmental issues. [3226/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Government is aware that the use of strategic lawsuits against public participation, or SLAPPs, targeting environmental advocates, journalists and others is on the rise in the European Union and to some extent in Ireland. While it is of course open to a court to discuss such proceedings, these proceedings can have a chilling effect on the work of journalists and the ability of groups and individuals to participate actively in public life and make their voices heard on policy matters and in decision-making processes without fear of intimidation. Measures are therefore being taken to combat the use of SLAPPs.
The EU Anti-SLAPP Directive, which Ireland supported, was adopted in May 2024, and is to be transposed across Member States by May 2026. The Directive provides for minimum protective measures for those targeted by manifestly unfounded or abusive civil proceedings as a result of their engagement in matters of public interest.
The Defamation (Amendment) Bill 2024, published last August and debated at Second Stage in September 2024, contains provisions dealing with SLAPPs in the area of defamation. The Bill envisages protective measures such as early dismissal of SLAPPs, the ability to seek a court declaration identifying proceedings as SLAPPs, and, where the court has made such a declaration, the ability for a defendant to seek costs on a more favourable basis than would generally apply.
I am committed to restoring the Defamation Bill to the order paper and the progression of the Bill is being dealt with as a matter of priority by my Department. My officials have engaged with a wide range of stakeholders, including advocacy groups concerned about SLAPPS, and the Department of Environment, Climate and Communications as part of their work in preparing the Bill and other necessary legislation to transpose the Directive.
I am sure the Deputy will understand the need for sensitivity to the separation of powers and to respect the independence of the Courts when considering any meetings with parties to matters that are sub judice.
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