The Tánaiste and Minister for Justice and Equality, Ms Frances Fitzgerald T.D., today announced the commencement of a public consultation process, as part of the statutory review of the Defamation Act 2009.
Announcing the statutory review and the public consultation process, the
Tánaiste 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.”
Under the public consultation process, which commences today, organisations
or individuals wishing to contribute to the review are invited to send a
submission by 31 December 2016. Further details are provided in the
invitation for submissions, which is published on the website of the
Department of Justice and Equality at www.justice.ie , and may also be
downloaded here
http://www.justice.ie/en/JELR/Pages/Review_of_the_Defamation_Act_2009_Public_Consultation.
The aims of the review are:
- to promote an exchange of views and experiences regarding the
operation in practice of the changes made by the 2009 Act, and of our
defamation law more generally,
- to review recent reforms of defamation law in other relevant
jurisdictions, and their applicability to Ireland,
- to examine whether Irish defamation law, and in particular the
Defamation Act 2009, remains appropriate and effective for securing
its objectives, including in the light of any relevant developments
since 2009,
- to document the arguments and evidence for and against any proposed
changes in Irish defamation law intended to better respond to its
objectives, and
- to publish the outcomes of the review, with recommendations on
appropriate follow-up measures.
Note for editors: Background
A key objective of defamation law in Ireland is to ensure effective
protection for the right to good name and reputation guaranteed by Article
40.3.2 of the Constitution, while also ensuring due regard for the right to
freedom of expression in a democratic society, contained at Article 40.6.1
(i). The rights to freedom of expression under Article 10 of the European
Convention on Human Rights, and to the protection of reputation under
Article 8 of the Convention, are also relevant.
The Defamation Act 2009 effected a substantial consolidation and reform of
Irish defamation law, which sought to strike an appropriate and effective
balance between the rights just mentioned.
Under section 5 of the Defamation Act 2009, the Minister for Justice and
Equality is required to review the operation of the Act within 5 years of
its passing. The review would normally have commenced in July 2014, but had
to be deferred due to urgent legislative priorities. Work on the review
therefore commenced in the Department of Justice and Equality in September
2016.
The invitation for submissions includes a list of some specific issues
which may be considered under the review, but does not confine respondents
to these issues.
ENDS