merrion street

• Event to focus on 4 key themes emerging from public consultation
• Options for reform to be submitted to Minister by end March

The Minister for Justice and Equality, Charlie Flanagan TD, is this morning hosting a symposium on the reform of Ireland’s defamation laws in the Royal Irish Academy on Dawson Street, Dublin. The event brings together media, academics, the legal profession, social media companies, NGOs and relevant state bodies to consider four thematic issues arising from a public consultation on how the Defamation Act 2009 might be amended.

Opening the symposium, the Minister said:

Defamation law in Ireland essentially seeks to balance three different rights which are protected under both our Constitution and the European Convention on Human Rights – the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice. We might perhaps add a value: that of promoting the importance of truth in public comment and debate, as far as that is reasonably possible, while also recognising and remembering the vital role in a democracy played by an independent media. This morning’s symposium seeks to provide some space for considering the complexity of these issues and will launch the final phase of my Department’s reflection on what changes should be recommended to the Defamation Act 2009.

Drawing on the key themes which emerged from a public consultation on the issue, the symposium will consider how best to reform Irish defamation law to:

• Avoid ‘chilling’ effects of high/unpredictable awards and legal costs on public interest media reporting;
• Ensure effective and proportionate protection against unfair damage to a person’s good name;
• Develop the use of alternative dispute resolution processes and solutions, and avoid defamation as a ‘rich man’s law’;
• Tackle effectively the new and specific problems raised by online defamation. 

A keynote paper will be delivered by Dr Andrew Scott of the London School of Economics. Dr Scott served on the Advisory Boards of the recent studies on defamation undertaken by the Law Commissions of Scotland and Ontario, and authored both the 2016 report on Defamation for the Northern Ireland Executive and the consultation on defamation published by the Northern Ireland Law Commission. Other speakers include Dr Tarlach McGonagle of Leiden University and Dr Neville Cox of Trinity College Dublin.

The event will also feature panel discussions of key stakeholders including the Press Ombudsman Peter Feeney as well as academics and representatives of the media and legal professions.

The symposium will launch the final phase of reflection and conclusion on what changes may be recommended to the Defamation Act 2009. Once this final phase of the reflection has been completed, it is expected that a report on the review with options for reform will be submitted to the Minister before the end of March with a view to the Minister bringing legislative proposals to Government in early course.