The passing of the new defamation bill through the Oireachtas

On 11 February 2026, it was announced that the Defamation (Amendment) Bill had passed through both houses of the Oireachtas. On making the announcement, Minister for Justice, Home Affairs and Migration Jim O’Callaghan noted the significance of the Bill confirming it will bring major reform to Defamation law.

Key reforms

1. Reform of Juries in High Court Cases
   The Bill abolishes the use of juries in High Court defamation cases. This seeks to remove the risk of unrealistic awards made by juries, reduce costs and establish consistency within High Court civil cases.
   
   
2. Identification of Anonymous Posters
   The Bill extends statutory jurisdiction to the Circuit Court to make orders requiring anonymous posters of defamatory material to be identified. This will simplify the process for Plaintiffs in lower value defamation cases in identifying individuals who have defamed them online. This is a welcomed reform, given how easy it is for a statement of this type to be posted with the posters identity being hidden.
   
   
3. Defence Reform
   The Bill seeks to simplify the defence of publication in matters of public interest. It will be a defence where the Defendant can prove the statement was relating to a matter of public interest, where the Defendant reasonably believed publishing the statement was in the public interest and it was published in good faith.
   Protection is extended under the Bill to live broadcasts. It will now be a defence where a broadcaster can demonstrate they took reasonable and prudent precautions to prevent a defamatory statement being made on live programmes.
   
   
4. Retailer Protection
   Positively, Retailers will be afforded an increased level of protection under the Bill. This was in response to the number of verbal defamation claims issued in Ireland. A retailer can question a person as to whether goods have been paid for, whether they have goods in their possession or a receipt for the goods or stating that the method of payment is not accepted. It is essential that a retailer does not act with malice or publish any statement excessively.
   
   
5. Serious Harm Test
   Companies claiming that they have been defamed will now need to show that “”serious harm” was caused, or will likely be caused to their reputation as a result of the publication. It will not be considered serious harm unless the company can demonstrate serious financial loss.
   
   
6. Alternative Dispute Resolution
   The Bill urges the use of alternative dispute resolution for defamation claims and updates the ‘offer of amends’ procedure. This will hopefully reduce the amount of these claims being brought through the Courts and establish a better procedure to resolve situations where a simple mistake occurred.
   
   
7. Introduction of SLAPPs
   Safeguards to prevent abusive proceedings against public participation are introduced in Part 7 of the Bill. Strategic lawsuits against public participation (“SLAPPs”) have the potential to limit democracy by restraining public participation and public interest reports, through the misuse of defamation legislation. A specific Bill regarding SLAPPs has also been published by Minister O’Callaghan, which will complete the transposition of the EU anti-SLAPP Directive.
   
   The Bill allows for a faster means of determination of proceedings being struck out where a claim is manifestly unfounded and it allows the Court to affirm that proceedings fall under the meaning of a SLAPP. It also provides Courts with the power to award compensation and costs to the targets of these proceedings.

Conclusion 

The Bill provides welcomed reforms to the current legislative framework on defamation in Ireland. We await the commencement of the Bill to see if in practice, it will achieve striking the correct balance between the rights of freedom of expression, a good name and access to justice.