Barry Ward (Dún Laoghaire, Fine Gael)
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2058. To ask the Tánaiste and Minister for Justice and Equality the progression of the Defamation (Amendment) Bill 2024 as committed to in the Programme for Government; how this will provide safeguards against SLAPP (strategic lawsuits against public participation) suits; and if he will make a statement on the matter. [42398/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Programme for Government commits to pass the Defamation Bill to balance freedom of expression with protections for individuals’ good name and reputation, which includes safeguards against SLAPP suits (strategic lawsuits against public participation) to prevent misuse of defamation laws to stifle public interest reporting.

The Bill was passed by Dáil Éireann on 2 July 2025 and has commenced Committee Stage in Seanad Éireann. This is an important Bill that balances and safeguards the rights to freedom of expression with the protection of a person's good name and reputation, and the right of access to justice. It provides for a range of reforms to address the many concerns raised by stakeholders during the public consultation on the review of the Defamation Act 2009.

The Bill aims to reduce legal costs and delays for all parties in defamation proceedings; to support easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings; and to provide enhanced protection for responsible public-interest journalism and public participation.

Part 7 of the Bill provides for safeguards against strategic lawsuits against public participation (SLAPPs), in defamation proceedings. Defamation proceedings are recognised as a preferred vehicle for SLAPPs in common law jurisdictions. The safeguards provided for transpose key requirements of the EU Anti-SLAPP Directive with respect to defamation proceedings.

Some measures required by the Directive, such as mechanisms for the early dismissal of SLAPP proceedings and security for costs, are already available as a matter of Irish law. 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. In addition, the Bill empowers the courts to award damages to those who have been subject to such abusive proceedings. This is a significant provision which recognises the impact of SLAPPs and provides a remedy to compensate victims of SLAPPs for harm suffered. 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. The Bill 2024 amends the Defamation Act 2009 and is limited in its application to defamation matters. As a result, it transposes the Directive only in so far as it relates to defamation proceedings. However, the EU Anti- SLAPP Directive applies to all civil and commercial matters and therefore a separate exercise is underway to transpose the requirements of the Directive for non-defamation proceedings, in advance of the transposition deadline of May 2026.