Pa Daly (Kerry, Sinn Fein)
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792. To ask the Tánaiste and Minister for Justice and Equality regarding the commitment to tackle retail defamation in the Programme for Government, to outline how retail defamation is understood and defined under this proposal; the measures he is planning to implement to tackle this type of crime; the timeline for delivery; the projected output of these measures; and if he will make a statement on the matter. [2318/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy is aware, the Defamation (Amendment) Bill 2024 was published last August and completed Second Stage in September. This Bill introduces a new statutory defence in cases of so-called ‘retail defamation’.

Section 8 of the Bill provides that it will be a defence to defamation to prove that an allegedly defamatory statement consisted only of an inquiry as to whether a person had paid for goods or services, or had proof of such payment. The defence also applies if the allegedly defamatory statement is that the form of payment tendered is not capable of being accepted (for example, an apparently forged note, or a blocked credit card).

This aims to respond to the concerns of retailers in a manner which seeks to balance the rights of consumers and retailers by providing that the defence will not apply if the person making the statement cannot demonstrate that they had a genuine interest in making it, or if that person publishes the statement unnecessarily widely.

The Programme for Government commits to tackling retail defamation as part of a broader suite of measures to deal with retail crime. I can advise the Deputy that the Defamation Bill has been restored to the order paper and the progression of the Bill is being dealt with as a matter of priority by my Department.

Once enacted, the provisions of the Bill dealing with ‘retail defamation’ will provide for a balancing of the rights of retailers and consumers, promote good practice among retailers and allow retailers to deal effectively with unwarranted claims.