The Defamation (Amendment) Bill 2024, which includes anti-SLAPP provisions alongside its headline proposal to abolish juries in defamation trials, was passed by the Dáil earlier this month and is going before the Seanad today.

The Ireland Anti-SLAPP Network, which brings together civil society organisations, media lawyers, and academics, has warned that the bill as it currently stands does not go far enough to meaningfully protect public interest speech.

It also falls short of Ireland’s looming obligations under EU law, according to a statement co-signed by 30 Irish and international organisations, including RTÉ, the National Union of Journalists (NUJ), the Irish Council for Civil Liberties (ICCL), ARTICLE 19 and the Committee to Protect Journalists (CPJ).

“While the bill brings in provisions that give effect to aspects of the EU Anti-SLAPP Directive — its application to domestic defamation cases is welcome — it falls short of transposing the directive’s full set of minimum standards and protections, which Ireland is legally required to implement in full by May 2026,” they say.

“The anti-SLAPP provisions in the bill apply only to defamation proceedings, even though SLAPPs frequently exploit other causes of action including privacy, copyright, and data protection to intimidate and silence public interest speech.

“The government has provided no clear explanation of how it intends to extend protections beyond defamation in line with its EU obligations.”

Their statement continues: “The legislation also omits key components of the Directive that could have been readily included.

“These include provision for third-party interventions in support of SLAPP defendants (Article 9), security for damages (Article 10) and a reversal of the burden of proof (Article 12). The legislation also fails to incorporate the protections against SLAPPs initiated in non-EU countries (Articles 16 and 17).

“By failing to incorporate these core safeguards, the Irish government exposes itself to potential infringement proceedings from the European Commission.”

The Ireland Anti-SLAPP Network has urged senators to strengthen the legislation through amendments to protect journalists, human and environmental rights defenders, academics, and whistleblowers from abusive litigation aimed at silencing them.

Jessica Ní Mhainín, head of policy and campaigns at Index on Censorship, said: “It is ironic that this piece of legislation was passed in the Dáil on European Day of Action against SLAPPs because it completely fails to offer meaningful protection to SLAPP defendants.

“Its complex and flawed provisions risk becoming tools only accessible to those with significant legal resources — not the individuals most often targeted with SLAPPs.

“We need the senators to take action now to stop this inadequate bill from being passed into law.”

Dr Francesca Farrington, convener of the anti-SLAPP research hub and lecturer in law at University of Aberdeen, said: “The Dáil has failed to fully transpose the minimum standards and protections required by the Directive.

“At a time of great threat to democracy, the rule of law, and human rights, the government has missed a vital opportunity to champion freedom of expression and protect public watchdogs.

“If the directive is a floor, not a ceiling, this is somewhere in the basement, but there is still time to level up.”

Dr Eoin O’Dell, associate professor of law in Trinity College Dublin, said: “For a reform process that started with so much promise, the bill has been a series of missed opportunities and profound disappointments.

“Nowhere is this clearer than in respect of its anti-SLAPP provisions, which are so grudging that they will be impotent in practice.”