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Defamation Act 2009

Type Act
Publication 2009-07-23
Last updated 2026-03-01
State Partially repealed
Text Latest available text
Source Irish Statute Book
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articles 61

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

12 amending acts · 2026-03-01, revised-IE-2009-act-31@2026-03-01

Act to revise in part the Law of Defamation; to repeal the Defamation act 1961; and to provide for matters connected therewith

Reform history JSON API
  • (5) The court may, whether or not it has made an identification order and where it considers it appropriate to do so, order that an applicant pay any or all of the costs of the relevant intermediary service provider in relation to an application and the costs resulting from the making of any identification order.
  • (6) In this section—

"application" means an application under this section for an identification order;

"defamation proceedings" means—

  • (a) an application under section 33 for an order to prevent the publication of an alleged defamatory statement,
  • (b) a defamation action, or
  • (c) a claim for other relief under this Act in respect of an alleged defamatory statement;

"information society service" means a service normally provided—

  • (a) for remuneration, whether such remuneration is provided directly by a recipient of services or indirectly through advertising or other means,
  • (b) at a distance, that is to say, that the service is provided without the parties being simultaneously present,
  • (c) by electronic means, that is to say, that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means, and
  • (d) at the individual request of a recipient of services, that is to say, that the service is provided through the transmission of data on individual request;

"intermediary service" means one of the following information society services:

  • (a) a "mere conduit" service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;
  • (b) a "caching" service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information’s onward transmission to other recipients upon their request;
  • (c) a "hosting" service, consisting of the storage of information provided by, and at the request of, a recipient of the service;

"intermediary service provider" means a provider of an intermediary service;

"recipient of the service", in relation to an intermediary service, means any natural or legal person who uses an intermediary service, in particular for the purposes of seeking information or making it accessible;

"relevant information", in relation to an anonymous publisher, means information as to the identity, address or other contact information of the anonymous publisher;

"relevant intermediary service provider" means an intermediary service provider that provides the intermediary service by means of which a statement referred to in subsection (3)(a) is published, or caused to be published, by the anonymous publisher.]

SCHEDULE 1 Statements having Qualified Privilege

Section 18.

PART 1 Statements Privileged Without Explanation or Contradiction

1.

A fair and accurate report of any matter to which the defence of absolute privilege would apply (other than a fair and accurate report referred to in section 17(2)(i) or (k)).

2.

F47[…]

3.

A fair and accurate report of the proceedings (other than court proceedings) presided over by a judge of a court established under the law of Northern Ireland.

4.

A fair and accurate report of any proceedings in public of a house of any legislature (including a subordinate or federal legislature) of any state other than the State.

5.

A fair and accurate report of proceedings in public of any body duly appointed, in the State, on the authority of a Minister of the Government, the Government, the Oireachtas, either House of the Oireachtas or a court established by law in the State to conduct a public inquiry on a matter of public importance.

6.

A fair and accurate report of proceedings in public of any body duly appointed, in Northern Ireland, on the authority of a person or body corresponding to a person or body referred to in paragraph 5 to conduct a public inquiry on a matter of public importance.

7.

A fair and accurate report of any proceedings in public of any body—

  • (a) that is part of any legislature (including a subordinate or federal legislature) of any state (other than the State), or
  • (b) duly appointed in a state other than the State, on the authority of a person or body corresponding to a person or body referred to in paragraph 5,

to conduct a public inquiry on a matter of public importance.

8.

A fair and accurate report of any proceedings in public of an international organisation of which the State or Government is a member or the proceedings of which are of interest to the State.

9.

A fair and accurate report of any proceedings in public of any international conference to which the Government sends a representative or observer or at which governments of states (other than the State) are represented.

10.

A fair and accurate copy or extract from any register kept in pursuance of any law which is open to inspection by the public or of any other document which is required by law to be open to inspection by the public.

11.

A fair and accurate report, copy or summary of any notice or advertisement published by or on the authority of any court established by law in the State or F48[in a state or place other than the State], or any judge or officer of such a court.

12.

A fair and accurate report or copy or summary of any notice or other document issued for the information of the public by or on behalf of any Department of State for which a Minister of the Government is responsible, local authority or the Commissioner of the Garda Síochána, or by or on behalf of a corresponding department, authority or officer F48[in a state or place other than the State].

13.

A fair and accurate report or copy or summary of any notice or document issued by or on the authority of a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas.

F49[13A. A protected disclosure within the meaning of the Protected Disclosures Act 2014.]

14.

A determination of the Press Ombudsman referred to in paragraph 9(2) of Schedule 2.

15.

A determination of the Press Council referred to in paragraph 9(4) of Schedule 2 or a report of the Press Council relating to the past performance of its functions.

16.

Any statement published pursuant to, and in accordance with, a determination of the Press Ombudsman or the Press Council.

17.

Any statement made during the investigation or hearing of a complaint by the Press Ombudsman in accordance with Schedule 2 .

18.

Any statement made during the hearing of an appeal from a determination of the Press Ombudsman in accordance with Schedule 2 .

19.

Any statement published by a person in accordance with a requirement under an Act of the Oireachtas whether or not that person is the author of the statement.

PART 2 Statements Privileged Subject to Explanation or Contradiction

1.

A fair and accurate report of the proceedings, findings or decisions of an association, or a committee or governing body of an association, whether incorporated or not F50[the State or in a state or place other than the State], relating to a member of the association or to a person subject, by contract or otherwise, to control by the association.

2.

A fair and accurate report of the proceedings at any public meeting, held F50[the State or in a state or place other than the State], being a meeting held for a lawful purpose and for the discussion of any matter of public concern whether the admission to the meeting is general or restricted.

3.

A fair and accurate report of the proceedings at a general meeting, whether F50[the State or in a state or place other than the State], of any company or association established by or under statute or incorporated by charter.

4.

A fair and accurate report of the proceedings at any meeting or sitting of any local authority or the Health Service Executive, and any corresponding body F50[state or place other than the State].

5.

A fair and accurate report of a press conference convened by or on behalf of a body to which this Part applies or the organisers of a public meeting within the meaning of paragraph 2 to give an account to the public of the proceedings or meeting.

6.

A fair and accurate report of a report to which the defence of qualified privilege would apply.

7.

A copy or fair and accurate report or summary of any ruling, direction, report, investigation, statement (including any advice, admonition or censure given or administered by the Irish Takeover Panel under section 20 of the Irish Takeover Panel Act 1997) or notice made, given, prepared, published or served by the Irish Takeover Panel.

SCHEDULE 2 Minimum Requirements in Relation to Press Council

Section 44.

1.

The Press Council shall be a company limited by guarantee.

2.

The principal objects of the Press Council shall be to—

  • (a) ensure the protection of freedom of expression of the press,
  • (b) protect the public interest by ensuring ethical, accurate and truthful reporting by the press,
  • (c) maintain certain minimum ethical and professional standards among the press,
  • (d) ensure that the privacy and dignity of the individual is protected.
3.

The Press Council shall be independent in the performance of its functions.

4.

The owner of any periodical in circulation in the State or part of the State shall be entitled to be a member of the Press Council.

5.

(1) The number of directors of the Press Council shall be 13, of whom—

  • (a) 7 shall be directors (in this Schedule referred to as “independent public interest directors”) who represent the public interest,
  • (b) 5 shall be directors who represent the interests of owners and publishers of periodicals,
  • (c) one shall be a director who represents the interests of journalists.
  • (2) One of the independent public interest directors of the Press Council shall be appointed as chairperson of the Press Council.
6.

(1) The independent public interest directors shall—

  • (a) be persons who are of standing in the community,
  • (b) be persons who are independent of—
  • (i) the interests of owners and publishers of periodicals, and
  • (ii) the interests of journalists,

and

  • (c) be selected for appointment as independent public interest directors—
  • (i) by a panel of persons who are, in the opinion of the Minister, independent of the interests referred to in paragraph 5(1) (b) and (c),
  • (ii) in accordance with a selection process that is advertised to members of the public in a manner that the Minister considers to be sufficient.
  • (2) The criteria for selecting persons for appointment as independent public interest directors shall be published in such manner as will enable them to be inspected by members of the public.
7.

(1) The Press Council shall be funded from subscriptions paid by members of the Press Council calculated in accordance with such rules as the Press Council shall make for that purpose.

  • (2) The Press Council shall not accept gifts or funding from any person other than subscriptions referred to in subparagraph (1).
8.

(1) The Press Council shall have authority to receive, hear and determine complaints concerning the conduct of its members.

  • (2) The Press Council shall appoint a person (in this Act referred to as the “ Press Ombudsman ”) to investigate, hear and determine complaints made to the Press Council concerning the conduct of its members.
9.

(1) The procedures for investigating, hearing and determining a complaint to the Press Ombudsman shall—

  • (a) where appropriate, provide for the expeditious and informal resolution of the matter between the complainant and the member of the Press Council in respect of whom the complaint was made,
  • (b) provide for the determination of the matter by the Press Ombudsman, where all reasonable efforts made in accordance with clause (a) in relation to the matter have failed,
  • (c) provide for the taking of remedial action by the member of the Press Council in respect of whom the complaint was made consisting of any or all of the following:
  • (i) the publication of the decision of the Press Ombudsman by such members of the Press Council as he or she directs and in such form and manner as he or she directs;
  • (ii) the publication of a correction of inaccurate facts or information relating to the complainant in a manner that gives due prominence to the correction in the publication concerned;
  • (iii) the publication of a retraction in respect of the material complained of; or
  • (iv) such other action as the Ombudsman may, in the circumstances, deem appropriate.
  • (2) A determination of the Press Ombudsman in relation to a complaint may be appealed to the Press Council.
  • (3) Where an appeal is brought against the determination of the Press Ombudsman it shall be determined by the directors of the Press Council.
  • (4) A determination of the Press Council, upon an appeal from a determination of the Press Ombudsman, shall be published by such members of the Press Council as the directors of the Press Council direct and in such form and manner as they direct.
10.

The Press Council shall adopt a code of standards which shall specify the standards to be adhered to, and the rules and practices to be complied with by the members of the Press Council including—

  • (a) ethical standards and practices,
  • (b) rules and standards intended to ensure the accuracy of reporting where a person’s reputation is likely to be affected, and
  • (c) rules and standards intended to ensure that intimidation and harassment of persons does not occur and that the privacy, integrity and dignity of the person is respected.

Footnotes

2

OJ L, 2024/1069, 16.4.2024.

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