Irish defamation law is undergoing its most significant transformation since 2009. In the first article of our new series, we consider the major changes introduced by the Defamation (Amendment) Bill 2024 which passed through the final stage of the Oireachtas on 11 February 2026.
Over the coming weeks, this series will examine each major reform in detail, providing in-depth analysis of the implications for practitioners, claimants, and defendants. We will explore the abolition of juries, the serious harm test for corporate bodies, the revised public interest defence, anti-SLAPP protections and novel defences for broadcasters and retailers.
Some of the most significant reforms include:
Abolition of juries
Defamation actions in the High Court will no longer be tried with a jury; a controversial reform intended by legislators to reduce expense and delay in defamation proceedings. The change only applies after commencement, with existing cases to be heard by either a jury or a judge.
Companies must show serious harm
A 'serious harm' test will be introduced requiring corporate bodies to show an alleged defamatory statement caused, or is likely to cause, serious financial loss. This does not apply to individuals.
New retail defamation defence
A defence of 'retail defamation' will be introduced where a case concerns an inquiry as to the payment for goods or services, or a statement that a means of payment cannot be accepted.
New live broadcasting defence
A 'live broadcast' defence will be available to broadcasters where a statement is made by a contributor or a person who participates in the live programme without invitation, provided the broadcaster has taken precautions to prevent publication during programme.
Amendment to the public interest defence
The public interest defence, most often relied upon by journalists and media organisations, will be amended to expressly account for whether the publisher of the statement reasonably believed that publication was in the public interest.
Identification of anonymous users
At present, only the High Court may order that an intermediary service provider disclose the identity of an anonymous poster of allegedly defamatory material. This jurisdiction will be granted to the Circuit Court, which can also order costs to the ISP.
Strategic lawsuits against public participation (SLAPP)
New measures are to be introduced to prevent abusive court proceedings intended to prevent, restrict or penalise public participation. This is part of the transposition of the EU Anti-SLAPP Directive into Irish law. The measures include an ability for defendants to apply for early dismissal of a claim, declaratory relief, security for costs, and the ability for targets of SLAPP proceedings to seek damages suffered as a result of the proceedings.
Alternative dispute resolution
Several reforms will be introduced to encourage early resolution of disputes, including a revised offer of amends procedure, and a pausing of limitation periods when engaging in certain forms of alternative dispute resolution.
What next?
The Defamation (Amendment) Bill will now be sent to the President to be signed into law. The reforms will not become operational until a commencement order is made and will not apply retrospectively. The reforms will significantly impact a range of potential parties to defamation disputes including companies, broadcasters, journalists, media contributors, intermediary service providers and those engaged in public life.
For further insights on defamation litigation, please contact our Disputes & Investigations team.
