Fitzgerald launches consultation on reform of Defamation Act 2009

Justice Minister Frances Fitzgerald has announced the start of a public consultation process as part of a statutory review of the Defamation Act 2009.

Ms Fitzgerald said the review would focus on how to “further develop redress that is accessible, affordable and effective for all concerned”.

She said: “While this review is a statutory requirement, it also examines significant issues for our society. Defamation law needs to strike the right balance between two important rights – the right to freedom of expression in a democratic society, and the right to protect your good name and reputation against unfounded attack.

“We want to ensure that our journalists, commentators and news media can exercise their vital role in a democratic society - to report, investigate and challenge, independently and vigorously, in the public interest. At the same time, we also want to ensure that the law offers effective protection against damaging comments which are defamatory – and which, even if untrue, can cause such distress, spread so quickly, and stick so fast, particularly online or in social media.

“The Defamation Act already recognises the important role played by the Press Council and Press Ombudsman. A cross-cutting concern for the review is to consider how we can further develop redress that is accessible, affordable and effective for all concerned. I look forward to strong stakeholder engagement in this review.”

The review and consultation process has been welcomed by the National Union of Journalists (NUJ).

Seamus Dooley, Irish secretary of the NUJ, said: “Reform of the current defamation law has long been sought by the media industry. However, this review should be seen as a welcome step for all citizens. It must be a review aimed at enhancing freedom of expression rather than simply a means of reducing defamation costs.”

Mr Dooley added: “The NUJ will consult members and make a formal submission to the review.”