The Irish government has published what is known as a “Draft General Scheme” of its proposed Defamation (Amendment) Bill [pdf]. This includes a proposed new Part 5 of the Defamation Act entitled “Measures against abusive litigation to restrict public participation (SLAPPs)“. Continue reading
The International Forum for Responsible Media Blog
Category: Ireland (Page 1 of 7)
The written answer to two Parliamentary Questions on Tuesday 21 February 2023 provides hope for imminent publication of the long awaited the General Scheme of a Defamation (Amendment) Bill, including the introduction of an anti-SLAPP mechanism. Continue reading
The decision of Phelan J in Tallon v Director of Public Prosecutions [2022] IEHC 322 (31 May 2022) is a recent and important judgment on the scope of the free speech rights protected by Article 40.6.1(i) and Article 40.3.1 of the Constitution. It concerns the extent to which an anti-social behaviour order imposed pursuant to section 115(1) of the the Criminal Justice Act, 2006 (also here) can permissibly restrain constitutional free speech rights. Continue reading
Two years ago, the EU established the European Rule of Law Mechanism as a process of dialogue on rule of law issues between the EU institutions, the Member States, and civil society. 2020 saw the first of the annual reports. Continue reading
Long awaited and overdue reviews of defamation laws in the Republic of Ireland and Northern Ireland are expected to gather pace in the coming months, creating an opportunity to better align the jurisdictions’ approaches to reputational harm. Continue reading
The 1 November 2020 marked the fourth anniversary of the commencement of the Department of Justice’s current review of Ireland’s defamation laws. In late October, a newspaper leader and a blogpost provided updates on where we are on our slow boat to defamation reform. Continue reading
The truth, as Oscar Wilde has Algernon Moncrieff remark to Jack Worthing in Act I of The Importance of Being Ernest, is rarely pure and never simple. Nowhere is this more evident than in a defamation courtroom. At common law, the defence of justification to a claim for defamation averred that the words complained of, in their natural and ordinary meaning, were true in substance and in fact. Continue reading
1. Balancing competing rights
Irish defamation cases are increasingly replete with comments stating the need to balance the constitutional right to freedom of expression with the constitutional right to a good name. Continue reading
Last October and November, I sketched the evolution of the government’s proposals for a digital safety commissioner. Following a consultation process last Spring, and missing the deadline of the end of the year by a few weeks, they have published their proposals for the general scheme of the Online Safety and Media Regulation Bill. Continue reading
In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Continue reading
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