The firm surveyed 140 attendees at its dispute resolution conference, of whom 95 per cent said they considered a judge would deliver more predictable outcomes on liability and damages.

The survey also revealed that the same percentage believe businesses are more vulnerable to reputational damage in the current digital media landscape.

Two-thirds (65 per cent) also said that current defamation laws fail to strike the right balance between freedom of expression and protecting reputation.

Gerard Kelly, co-head of dispute resolution and head of intellectual property at Mason Hayes & Curran, said: “Clients are increasingly concerned about unpredictable outcomes in jury trials particularly where there are complex legal issues to be resolved and a number of co-defendants in an online environment.

“The envisioned reforms should help reduce that uncertainty and provide more predictable results. We are already advising businesses on how to prepare for these changes.”

He added: “The pace of online communication means reputational risks can escalate quickly. Reform that reflects this reality is essential if the courts are to meet modern challenges.

“It is noteworthy that 95 per cent of those polled at our dispute resolution conference indicated that they considered businesses more vulnerable to reputational damage in a digital environment.”

Justice, home affairs and migration minister Jim O’Callaghan delivered the keynote address at the conference, discussing the reforms envisioned in the Defamation Bill 2024 and the potential introduction of third-party litigation funding in Ireland.

“My priority when it comes to defamation is enactment and commencement of the Defamation (Amendment) Bill as soon as possible,” he told the conference.

“One of the key aims of the bill is to support easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation hearings.”

He continued: “I recognise the damage caused by strategic lawsuits against public participation and impact on access to justice and that it is important that the protections we introduce apply not just to cross border cases but also domestic cases.

He also said: “The removal of juries will shorten the amount of time for defamation proceedings to take place.”

Eimear O’Brien, of counsel with Mason Hayes & Curran’s dispute resolution team, said: “We are seeing first-hand how businesses and publishers need certainty in defamation law. Clearer, more workable rules will make it easier for clients to manage disputes and reputational risk in a fast-moving digital landscape.”

The firm’s survey also found that six in 10 respondents (62 per cent) do not support the introduction of third-party litigation funding in Ireland.

This model allows outside investors to cover legal costs in return for a share of any award. Almost nine in 10 (87 per cent) believe it would increase speculative claims.

Colin Monaghan, dispute resolution partner at Mason Hayes & Curran, said: “Litigation funding is well established in other jurisdictions, yet Ireland remains an outlier.

“We are beginning to see our courts take a broader approach to what may be allowed in this area, but without legislative reform, businesses and individuals are likely to still face unnecessary barriers to pursuing claims.

“Careful change in this area will play an important role in improving access to justice in Ireland.”

Rory Kirrane SC, the firm’s head of construction, infrastructure and utilities, added: “Any reform must be carefully designed. Our clients want greater certainty that they can pursue valid claims without disproportionate financial risk.

“A balanced framework must provide that access while preserving trust in the Irish courts.”