Barry Ward (Dún Laoghaire, Fine Gael)
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264. To ask the Tánaiste and Minister for Justice and Equality the position regarding the progression of the Defamation (Amendment) Bill 2024, as committed to in the Programme for Government; how this will provide safeguards against strategic lawsuits against public participation suits; and if he will make a statement on the matter. [16362/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Defamation (Amendment) Bill 2024 has been restored to the Order Paper in line with the Programme for Government. The Bill is being progressed by my Department as a matter of priority and a number of amendments are currently being prepared for Committee Stage. Part 7 of the Bill provides for safeguards against strategic lawsuits against public participation, or SLAPPs, in defamation proceedings. Defamation proceedings are recognised as a preferred vehicle for SLAPPs in common law jurisdictions.

The safeguards provided for are in line with those envisaged by the EU Anti-SLAPP Directive. Some measures required by the Directive, such as early dismissal of SLAPP proceedings and the availability of security for costs, are already available as a matter of Irish law.

However, the Bill provides, in line with the requirements of the Directive, that these applications should be dealt with as expeditiously as possible in the context of SLAPP proceedings. Targets of strategic lawsuits against public participation will also be able to seek a declaration from the court that proceedings taken against them are abusive court proceedings against public participation.

The Bill also provides for the awarding of costs on a legal practitioner and client basis, or a legal practitioner and own client basis. These are both more advantageous to the defendant than the usual party-to-party basis on which costs are awarded.

The Bill goes beyond the requirements of the Directive in respect of defamation proceedings as the safeguards are available to both domestic and cross-border cases. Work is also underway in my Department with regard to the transposition of the Anti-SLAPP Directive in respect of civil proceedings more generally.