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Defamation Act 2009

2 versions · 2009-07-23
2026-03-01
IE-2009-act-31 — consolidated version 2026-03-01
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# Defamation Act 2009
## PART 1 Preliminary and General
##### 1. Short title and commencement.
##### 1. **Short title and commencement.**
**1**.— (1) This Act may be cited as the Defamation Act 2009.
(2) This Act shall come into operation on such day or days as the Minister may appoint, by order or orders, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.
##### 2. Definitions.
##### 2. **Definitions.**
**2**.— In this Act—
“ Act of 1957” means the Statute of Limitations 1957;
“ Act of 1961” means the Defamation Act 1961;
“ cause of action” means a cause of action for defamation;
“ correction order” has the meaning assigned to it by *section 30*;
“ declaratory order” has the meaning assigned to it by *section 28*;
“ defamation” shall be construed in accordance with *section 6 (2)*;
“ defamation action” means—
“Act of 1957” means the Statute of Limitations 1957;
“Act of 1961” means the Defamation Act 1961;
F1["Act of 2015" means the Legal Services Regulation Act 2015;]
“cause of action” means a cause of action for defamation;
“correction order” has the meaning assigned to it by *section 30*;
“declaratory order” has the meaning assigned to it by *section 28*;
“defamation” shall be construed in accordance with *section 6 (2)*;
“defamation action” means—
(*a*) an action for damages for defamation, or
@@ -32,31 +32,39 @@
whether or not a claim for other relief under this Act is made;
“ defamatory statement” means a statement that tends to injure a person’s reputation in the eyes of reasonable members of society, and “defamatory” shall be construed accordingly;
“ defence of absolute privilege” has the meaning assigned to it by *section 17*;
“ defence of qualified privilege” has the meaning assigned to it by *section 18*;
“ defence of truth” has the meaning assigned to it by *section 16*;
“ electronic communication” includes a communication of information in the form of data, text, images or sound (or any combination of these) by means of guided or unguided electromagnetic energy, or both;
“ Minister” means the Minister for Justice, Equality and Law Reform;
“ periodical” means any newspaper, magazine, journal or other publication that is printed, published or issued, or that circulates, in the State at regular or substantially regular intervals and includes any version thereof published on the internet or by other electronic means;
“ plaintiff” includes a defendant counterclaiming in respect of a statement that is alleged to be defamatory;
“ Press Council” has the meaning assigned to it by *section 44*;
“ Press Ombudsman” has the meaning assigned to it by *paragraph 8* of *Schedule 2*;
“ qualified offer” has the meaning assigned to it by *section 22*;
“ special damages” has the meaning assigned to it by *section 31 (7)*;
“ statement” includes—
“defamatory statement” means a statement that tends to injure a person’s reputation in the eyes of reasonable members of society, and “defamatory” shall be construed accordingly;
“defence of absolute privilege” has the meaning assigned to it by *section 17*;
“defence of qualified privilege” has the meaning assigned to it by *section 18*;
“defence of truth” has the meaning assigned to it by *section 16*;
“electronic communication” includes a communication of information in the form of data, text, images or sound (or any combination of these) by means of guided or unguided electromagnetic energy, or both;
“Minister” means the Minister for Justice, Equality and Law Reform;
F2[“periodical”means—
(*a*) any newspaper, magazine, journal or other publication that is printed, published or issued, or that circulates, in the State at regular or substantially regular intervals and includes any version thereof published on the internet or by other electronic means, or
(*b*) any newspaper, magazine, journal or other publication that is published or issued, or that circulates, only on the internet or by other electronic means at regular or substantially regular intervals—
(i) by a publisher who is established in the State, or
(ii) the publication of which is specifically targeted at the general public, or a section of the general public, in the State;]
“plaintiff” includes a defendant counterclaiming in respect of a statement that is alleged to be defamatory;
“Press Council” has the meaning assigned to it by *section 44*;
“Press Ombudsman” has the meaning assigned to it by *paragraph 8* of *Schedule 2*;
“qualified offer” has the meaning assigned to it by *section 22*;
“special damages” has the meaning assigned to it by *section 31 (7)*;
“statement” includes—
(*a*) a statement made orally or in writing,
@@ -70,23 +78,19 @@
(*d*) an electronic communication;
“ summary relief” means, in relation to a defamation action—
(*a*) a correction order, or
(*b*) an order prohibiting further publication of the statement to which the action relates.
##### 3. Saver.
F3[…]
##### 3. **Saver.**
**3**.— (1) A provision of this Act shall not affect causes of action accruing before its commencement.
(2) This Act shall not affect the operation of the general law in relation to defamation except to the extent that it provides otherwise (either expressly or by necessary implication).
##### 4. Repeal.
##### 4. **Repeal.**
**4**.— The Act of 1961 is repealed.
##### 5. Review of operation of Act.
##### 5. **Review of operation of Act.**
**5**.— (1) The Minister shall, not later than 5 years after the passing of this Act, commence a review of its operation.
@@ -94,7 +98,7 @@
## PART 2 Defamation
##### 6. Defamation.
##### 6. **Defamation.**
**6**.— (1) The tort of libel and the tort of slander—
@@ -114,7 +118,7 @@
(5) The tort of defamation is actionable without proof of special damage.
##### 7. Amendment of certain enactments.
##### 7. **Amendment of certain enactments.**
**7**.— (1) Section 77 of the Courts of Justice Act 1924 is amended, in paragraph (i) (inserted by section 4(*a*) of the Courts Act 1991), by the substitution of “the tort of defamation” for the words “slander, libel”.
@@ -130,17 +134,17 @@
and
(*b*) in section 14(6), by the substitution of “a defamation action under the *Defamation Act 2009*” for the words “an action for libel or slander”.
##### 8. Verifying affidavit.
(*b*) in section 14(6), by the substitution of “a defamation action under the *Defamation Act 2009* ” for the words “an action for libel or slander”.
##### 8. **Verifying affidavit.**
**8**.— (1) Where the plaintiff in a defamation action serves on the defendant any pleading containing assertions or allegations of fact, the plaintiff (or in the case of a defamation action brought on behalf of an infant or person of unsound mind by a next friend or a committee of the infant or person, the next friend or committee) shall swear an affidavit verifying those assertions or allegations.
(2) Where the defendant in a defamation action serves on the plaintiff any pleading containing assertions or allegations of fact, the defendant shall swear an affidavit verifying those assertions or allegations.
(3) Where a defamation action is brought on behalf of an infant or a person of unsound mind by a next friend or a committee of the infant or person, an affidavit to which *subsection (1)*applies sworn by the next friend or committee concerned shall, in respect of assertions or allegations, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions or allegations, to be true.
(4) Where the plaintiff or defendant in a defamation action is a body corporate, the person swearing the affidavit on behalf of the body corporate under *subsection (1)*or *(2)*, as the case may be, shall, in respect of assertions or allegations, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions or allegations to be true.
(3) Where a defamation action is brought on behalf of an infant or a person of unsound mind by a next friend or a committee of the infant or person, an affidavit to which *subsection (1)* applies sworn by the next friend or committee concerned shall, in respect of assertions or allegations, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions or allegations, to be true.
(4) Where the plaintiff or defendant in a defamation action is a body corporate, the person swearing the affidavit on behalf of the body corporate under *subsection (1)* or *(2)*, as the case may be, shall, in respect of assertions or allegations, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions or allegations to be true.
(5) An affidavit under this section shall be sworn and filed in court not later than 2 months after the service of the pleading concerned or such longer period as the court may direct or the parties may agree.
@@ -186,11 +190,11 @@
(13) This section does not apply to an application for a declaratory order.
##### 9. Imputation.
##### 9. **Imputation.**
**9**.— A person has one cause of action only in respect of the publication of a defamatory statement concerning the person even if more than one defamatory imputation in respect of that person is borne by that statement.
##### 10. Defamation of class of persons.
##### 10. **Defamation of class of persons.**
**10**.— Where a person publishes a defamatory statement concerning a class of persons, a member of that class shall have a cause of action under this Act against that person if—
@@ -200,7 +204,7 @@
the statement could reasonably be understood to refer, in particular, to the member concerned.
##### 11. Multiple publication.
##### 11. **Multiple publication.**
**11**.— (1) Subject to *subsection (2)*, a person has one cause of action only in respect of a multiple publication.
@@ -208,17 +212,21 @@
(3) In this section “ multiple publication ” means publication by a person of the same defamatory statement to 2 or more persons (other than the person in respect of whom the statement is made) whether contemporaneously or not.
##### 12. Defamation of a body corporate.
**12**.— The provisions of this Act apply to a body corporate as they apply to a natural person, and a body corporate may bring a defamation action under this Act in respect of a statement concerning it that it claims is defamatory whether or not it has incurred or is likely to incur financial loss as a result of the publication of that statement.
##### 13. Appeals in defamation actions.
##### 12. **F4[Defamation of body corporate**
**12.**(1) The provisions of this Act apply to a body corporate as they apply to a natural person, and a body corporate may bring a defamation action under this Act in respect of a statement concerning it that it claims is defamatory.
(2) A statement concerning a body corporate that is made on or after the date of the coming into operation of section 6 of the Defamation (Amendment) Act 2026 is not defamatory unless its publication has caused, or is likely to cause, serious harm to the reputation of the body corporate.
(3) Harm to the reputation of a body corporate that trades for profit shall not be considered to be serious harm for the purposes of*subsection (2)*unless it has caused, or is likely to cause, the body corporate serious financial loss.]
##### 13. **Appeals in defamation actions.**
**13**.— (1) Upon the hearing of an appeal from a decision of the High Court in a defamation action, the Supreme Court may, in addition to any other order that it deems appropriate to make, substitute for any amount of damages awarded to the plaintiff by the High Court such amount as it considers appropriate.
(2) In this section “ decision ” includes a judgment entered pursuant to the verdict of a jury.
##### 14. Meaning.
(2) F5[…]
##### 14. **Meaning.**
**14**.— (1) The court, in a defamation action, may give a ruling—
@@ -230,25 +238,25 @@
(2) Where a court rules under *subsection (1)* that—
(*a*) the statement in respect of which the action was brought is not reasonably capable of bearing the imputationpleaded by the plaintiff, or
(*a*) the statement in respect of which the action was brought is not reasonably capable of bearing the imputation pleaded by the plaintiff, or
(*b*) that any imputation so pleaded is not reasonably capable of bearing a defamatory meaning,
it shall dismiss the action in so far only as it relates to the imputation concerned.
(3) An application under this section shall be brought by notice of motion and shall be determined, in the case of a defamation action brought in the High Court, in the absence of the jury.
(4) An application under this section may be brought at any time after the bringing of the defamation action concerned includingduring the course of the trial of the action.
(3) An application under this section shall be brought by notice of motion F6[…].
(4) An application under this section may be brought at any time after the bringing of the defamation action concerned including during the course of the trial of the action.
## PART 3 Defences
##### 15. Abolition of certain defences.
**15**.— (1) Subject to *sections 17(1)* and *18 (1)*, any defence that, immediately before the commencement of this Part, could have been pleaded as a defence in an action for libel or slander is abolished.
##### 15. **Abolition of certain defences.**
**15**.— (1) Subject to *sections 17(1)* and *18(1)*, any defence that, immediately before the commencement of this Part, could have been pleaded as a defence in an action for libel or slander is abolished.
(2) In this section—
“ defence ” shall not include a defence under—
“defence” shall not include a defence under—
(*a*) statute,
@@ -256,25 +264,25 @@
(*c*) regulations made for the purpose of giving effect to an act of the institutions of the European Communities;
“ European Communities ” has the same meaning as it has in the European Communities Act 1972;
“ statute ” means—
“European Communities” has the same meaning as it has in the European Communities Act 1972;
“statute” means—
(*a*) an Act of the Oireachtas, or
(*b*) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution.
##### 16. Truth.
**16**.— (1) It shall be a defence (to be known and in this Act referred to as the “ defence of truth ”) to a defamation action for the defendant to prove that the statement in respect of which the action was brought is true in all material respects.
##### 16. **Truth.**
**16**.— (1) It shall be a defence (to be known and in this Act referred to as the “defence of truth”) to a defamation action for the defendant to prove that the statement in respect of which the action was brought is true in all material respects.
(2) In a defamation action in respect of a statement containing 2 or more distinct allegations against the plaintiff, the defence of truth shall not fail by reason only of the truth of every allegation not being proved, if the words not proved to be true do not materially injure the plaintiff’s reputation having regard to the truth of the remaining allegations.
##### 17. Absolute privilege.
##### 17. **Absolute privilege.**
**17**.— (1) It shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of this section, have been considered under the law in force immediately before such commencement as having been made on an occasion of absolute privilege.
(2) Subject to section 11(2) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997, and without prejudice to the generality of *subsection (1)*, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was—
(2) Subject to F7[section 18 (3) or 78 (2) of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013], and without prejudice to the generality of *subsection (1)*, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was—
(*a*) made in either House of the Oireachtas by a member of either House of the Oireachtas,
@@ -292,11 +300,13 @@
(*h*) made in the course of proceedings involving the exercise of limited functions and powers of a judicial nature in accordance with Article 37 of the Constitution, where the statement is connected with those proceedings,
(*i*) a fair and accurate report of proceedings publicly heard before, or decision made public by, any court—
(i) established by law in the State, or
(ii) established under the law of Northern Ireland,
F8[(*i*) a fair and accurate report of proceedings publicly heard before, or a decision made public by, any court (including a court-martial)—
(i) established by law in the State,
(ii) established under the law of Northern Ireland, or
(iii) established under the law of any other state or place,]
(*j*) a fair and accurate report of proceedings to which a relevant enactment referred to in section 40 of the Civil Liability and Courts Act 2004 applies,
@@ -324,17 +334,55 @@
(*v*) made in the course of proceedings before an arbitral tribunal where the statement is connected with those proceedings,
(*w*) made pursuant to and in accordance with an order of a court established by law in the State.
(*w*) made pursuant to and in accordance with an order of a court established by law in the F9[State, or]
F10[(*x*) made in the course of the consideration by the Parole Board of—
(i) an application for parole, or
(ii) the variation or revocation of a parole order, where the statement is connected with that consideration, or
(*y*) contained in a decision of the Parole Board, or a notification of such a decision, pursuant to the Parole Act 2019 or a parole order.]
(3) Section 2 of the Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976 is amended by the insertion of the following subsection:
“(3) In this section ‘utterance’ includes a statement within the meaning of the *Defamation Act 2009* *;”*.
(4) A defence under this section shall be known as, and is referred to in this Act, as the “defence of absolute privilege ”.
##### 18. Qualified privilege.
**18**.— (1) Subject to *section 17*, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of this section, have been considered under the law (other than the Act of 1961) in force immediately before such commencement as having been made on an occasion of qualified privilege.
(4) A defence under this section shall be known as, and is referred to in this Act, as the “defence of absolute privilege”.
F11[F8[(5)]In this section, "application for parole" and "parole order" have the meanings they have in the Parole Act 2019.]
##### 18. **Qualified privilege.**
**18**.— (1) Subject to *section 17*, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought would, if it had been made immediately before the commencement of F13[this section or, in relation to a statement referred to in*subsection (1A)*, the commencement of section 8 of the Defamation (Amendment) Act 2026], have been considered under the law (other than the Act of 1961) in force immediately before such commencement as having been made on an occasion of qualified privilege.
F14[(1A) Without prejudice to the generality of*subsection (1)*, it shall be a defence to a defamation action for the defendant to prove that the statement to which the action relates—
(*a*) consisted of—
(i) an inquiry as to whether the person whom the statement concerned had—
(I) paid for goods or services,
(II) obtained services, or
(III) in his or her possession—
(A) goods,
(B) proof of payment for goods, or
(C) proof of payment for services,
or
(ii) a statement that the means of payment proffered by the person whom the statement concerned was unable to be, or not capable of being, accepted,
and
(*b*) was not published excessively,
provided that the person who made the inquiry referred to in*paragraph (a)(i)*or the statement referred to in*paragraph (a)(ii)*had a duty or interest in making it.]
(2) Without prejudice to the generality of *subsection (1)*, it shall, subject to *section 19*, be a defence to a defamation action for the defendant to prove that—
@@ -362,7 +410,7 @@
(*b*) limiting or abridging any privilege subsisting apart from *subsection (3).*
(6) A defence under this section shall be known, and is referred to in this Act, as the “ defence of qualified privilege ”.
(6) A defence under this section shall be known, and is referred to in this Act, as the “defence of qualified privilege”.
(7) In this section—
@@ -370,19 +418,19 @@
“interest” means a legal, moral or social interest.
##### 19. Loss of defence of qualified privilege.
##### 19. **Loss of defence of qualified privilege.**
**19**.— (1) In a defamation action, the defence of qualified privilege shall fail if, in relation to the publication of the statement in respect of which the action was brought, the plaintiff proves that the defendant acted with malice.
(2) The defence of qualified privilege shall not fail by reason only of the publication of the statement concerned to a person other than an interested person if it is proved that the statement was published to the person because the publisher mistook him or her for an interested person.
(3) Where a defamation action is brought against more than one defendant, the failure of the defence of qualified privilege in relation to one of the defendants by virtue of the application of *subsection (1)*shall not cause the failure of the defence in relation to another of the defendants unless that other defendant was vicariously liable for such acts or omissions of the first-mentioned defendant as gave rise to the cause of action concerned.
(3) Where a defamation action is brought against more than one defendant, the failure of the defence of qualified privilege in relation to one of the defendants by virtue of the application of *subsection (1)* shall not cause the failure of the defence in relation to another of the defendants unless that other defendant was vicariously liable for such acts or omissions of the first-mentioned defendant as gave rise to the cause of action concerned.
(4) Section 11(4) of the Civil Liability Act 1961 is repealed.
(5) In this section “interested person” means, in relation to a statement, a person who, under *section 18(2)(a)*, had a duty or interest in receiving the information contained in the statement.
##### 20. Honest opinion.
##### 20. **Honest opinion.**
**20**.— (1) It shall be a defence (to be known, and in this section referred to, as the “defence of honest opinion”) to a defamation action for the defendant to prove that, in the case of a statement consisting of an opinion, the opinion was honestly held.
@@ -426,9 +474,9 @@
(II) at the time of the publication of the opinion, the defendant did not know or could not reasonably have been expected to know that those allegations were untrue.
(4) Where a defamatory statement consisting of an opinion is published jointly by a person (“ first-mentioned person ”) and another person (“ joint publisher ”), the first-mentioned person shall not fail in pleading the defence of honest opinion in a subsequent defamation action brought in respect of that statement by reason only of that opinion not being honestly held by the joint publisher, unless the first-mentioned person was at the time of publication vicariously liable for the acts or omissions, from which the cause of action in respect of that statement accrued, of the joint publisher.
##### 21. Distinguishing between allegations of fact and opinion.
(4) Where a defamatory statement consisting of an opinion is published jointly by a person (“first-mentioned person”) and another person (“joint publisher”), the first-mentioned person shall not fail in pleading the defence of honest opinion in a subsequent defamation action brought in respect of that statement by reason only of that opinion not being honestly held by the joint publisher, unless the first-mentioned person was at the time of publication vicariously liable for the acts or omissions, from which the cause of action in respect of that statement accrued, of the joint publisher.
##### 21. **Distinguishing between allegations of fact and opinion.**
**21**.— The matters to which the court in a defamation action shall have regard, for the purposes of distinguishing between a statement consisting of allegations of fact and a statement consisting of opinion, shall include the following:
@@ -438,7 +486,7 @@
(*c*) the words used in the statement and the extent to which the statement was subject to a qualification or a disclaimer or was accompanied by cautionary words.
##### 22. Offer to make amends.
##### 22. **Offer to make amends.**
**22**.— (1) A person who has published a statement that is alleged to be defamatory of another person may make an offer to make amends.
@@ -448,7 +496,7 @@
(*b*) state that it is an offer to make amends for the purposes of this section, and
(*c*) state whether the offer is in respect of the entire of the statement or an offer (in this Act referred to as a “ qual ified offer ”) in respect of—
(*c*) state whether the offer is in respect of the entire of the statement or an offer (in this Act referred to as a “qualified offer”) in respect of—
(i) part only of the statement, or
@@ -458,17 +506,17 @@
(4) An offer to make amends may be withdrawn before it is accepted and where such an offer is withdrawn a new offer to make amends may be made.
(5) In this section “ an offer to make amends ” means an offer—
(5) In this section “an offer to make amends” means an offer—
(*a*) to make a suitable correction of the statement concerned and a sufficient apology to the person to whom the statement refers or is alleged to refer,
(*b*) to publish that correction and apology in such manner as is reasonable and practicable in the circumstances, and
F15[(*b*) to publish that correction and apology in such manner as will ensure that the correction and apology will be given the same or similar prominence as was given to the statement concerned, unless the person to whom the statement refers or is alleged to refer otherwise requests,]
(*c*) to pay to the person such sum in compensation or damages (if any), and such costs, as may be agreed by them or as may be determined to be payable,
whether or not it is accompanied by any other offer to perform an act other than an act referred to in *paragraph (a)*, *(b)* or *(c)*.
##### 23. Effect of offer to make amends.
##### 23. **Effect of offer to make amends.**
**23**.— (1) If an offer to make amends under *section 22* is accepted the following provisions shall apply:
@@ -480,7 +528,7 @@
(*d*) no defamation action shall be brought or, if already brought, proceeded with against another person in respect of the statement to which the offer to make amends applies unless the court considers that in all the circumstances of the case it is just and proper to so do.
(2) Subject to *subsection (3)*, it shall be a defence to a defamation action for a person to prove that he or she made an offer to make amends under *section 22* and that it was not accepted, unless the plaintiff proves that the defendant knew or ought reasonably to have known at the time of the publication of the statement to which the offer relates that—
(2) Subject to *subsection (3)*, it shall be a defence to a defamation action for a person to prove that he or she made an offer to make amends under *section 22* and that it was not accepted, F16[unless the plaintiff proves that the defendant knew or ought reasonably to have known at the time of the publication of the statement to which the offer relates that]—
(*a*) it referred to the plaintiff or was likely to be understood as referring to the plaintiff, and
@@ -492,7 +540,15 @@
(5) If a defendant in a defamation action pleads the defence under this section, he or she shall not be entitled to plead any other defence in the action, and if the defence is pleaded in respect of a qualified offer only he or she shall not be entitled to plead any other defence in respect of that part of the action that relates to the part of the statement or the meaning, as the case may be, to which the qualified offer relates.
##### 24. Apology.
F17[(6) In addition to having regard to the matters provided for in section 169(1) of the Act of 2015, a court shall, when considering the making of an order as to costs in a defamation action, have regard to the conduct, subsequent to the making of an offer of amends, of—
(*a*) the person who made the offer, and
(*b*) the person to whom the offer was made,
in relation to the offer.]
##### 24. **Apology.**
**24**.— (1) In a defamation action the defendant may give evidence in mitigation of damage that he or she—
@@ -512,93 +568,111 @@
(4) Evidence of an apology made by or on behalf of a person in respect of a statement to which the action relates is not admissible in any civil proceedings as evidence of liability of the defendant.
##### 25. Consent to publish.
**25**.— In a defamation action it shall be a defence, to be known as the “ defence of consent ”, for a person to prove that the plaintiff consented to the publication of the statement in respect of which the action was brought.
##### 26. Fair and reasonable publication on a matter of public interest.
**26**.— (1) It shall be a defence (to be known, and in this section referred to, as the “ defence of fair and reasonable publication ”) to a defamation action for the defendant to prove that—
(*a*) the statement in respect of which the action was brought was published—
(i) in good faith, and
(ii) in the course of, or for the purpose of, the discussion of a subject of public interest, the discussion of which was for the public benefit,
(*b*) in all of the circumstances of the case, the manner and extent of publication of the statement did not exceed that which was reasonably sufficient, and
(*c*) in all of the circumstances of the case, it was fair and reasonable to publish the statement.
(2) For the purposes of this section, the court shall, in determining whether it was fair and reasonable to publish the statement concerned, take into account such matters as the court considers relevant including any or all of the following:
(*a*) the extent to which the statement concerned refers to the performance by the person of his or her public functions;
(*b*) the seriousness of any allegations made in the statement;
(*c*) the context and content (including the language used) of the statement;
(*d*) the extent to which the statement drew a distinction between suspicions, allegations and facts;
(*e*) the extent to which there were exceptional circumstances that necessitated the publication of the statement on the date of publication;
(*f*) in the case of a statement published in a periodical by a person who, at the time of publication, was a member of the Press Council, the extent to which the person adhered to the code of standards of the Press Council and abided by determinations of the Press Ombudsman and determinations of the Press Council;
(*g*) in the case of a statement published in a periodical by a person who, at the time of publication, was not a member of the Press Council, the extent to which the publisher of the periodical adhered to standards equivalent to the standards specified in *paragraph (f)*;
(*h*) the extent to which the plaintiff’s version of events was represented in the publication concerned and given the same or similar prominence as was given to the statement concerned;
(*i*) if the plaintiff’s version of events was not so represented, the extent to which a reasonable attempt was made by the publisher to obtain and publish a response from that person; and
(*j*) the attempts made, and the means used, by the defendant to verify the assertions and allegations concerning the plaintiff in the statement.
(3) The failure or refusal of a plaintiff to respond to attempts by or on behalf of the defendant, to elicit the plaintiff’s version of events, shall not—
(*a*) constitute or imply consent to the publication of the statement, or
(*b*) entitle the court to draw any inference therefrom.
##### 25. **Consent to publish.**
**25**.— In a defamation action it shall be a defence, to be known as the “defence of consent”, for a person to prove that the plaintiff consented to the publication of the statement in respect of which the action was brought.
##### 26. **F18[Fair publication on matter of public interest.**
**26.**(1) It shall be a defence (to be known as the "defence of fair publication on a matter of public interest") to a defamation action for the defendant to prove that the publication was fair in all the circumstances of the case, in that—
(*a*) the statement in respect of which the action was brought was on a matter of public interest,
(*b*) the defendant reasonably believed that publishing the statement was in the public interest, and
(*c*) the statement was published in good faith.
(2) Subject to*subsection (3)*, a court shall, for the purposes of determining whether*subsection (1)(b)*is proved, have regard to whether the belief was arrived at after the making of such enquiries and checks as it was reasonable to expect of the defendant.
(3) Where the statement in respect of which the defamation action was brought was an accurate and impartial account of a dispute to which the plaintiff in the defamation action was a party, the court shall, in determining whether it was reasonable for the defendant to believe that publishing the statement was in the public interest, disregard any omission of the defendant to take steps to verify the truth of the imputation conveyed by it.]
##### 26A. **F19[Abolition of Reynolds defence**
**26A.**(1) Any common law defence known as the Reynolds defence that, immediately before the commencement of section 12 of the Defamation (Amendment) Act 2026, could have been pleaded as a defence in a defamation action is abolished.
(2)*Subsection (1)*shall not apply to causes of action accruing before the date of the coming into operation of section 12 of the Defamation (Amendment) Act 2026.]
##### 27. **Innocent publication.**
**27**.— (1) It shall be a defence (to be known as the “defence of innocent publication”) to a defamation action for the defendant to prove that—
(*a*) he or she was not the author, editor or publisher of the statement to which the action relates,
(*b*) he or she took reasonable care in relation to its publication, and
(*c*) he or she did not know, and had no reason to believe, that what he or she did caused or contributed to the publication of a statement that would give rise to a cause of action in defamation.
(2) A person shall not, for the purposes of this section, be considered to be the author, editor or publisher of a statement if—
(*a*) in relation to printed material containing the statement, he or she was responsible for the printing, production, distribution or selling only of the printed material,
(*b*) in relation to a film or sound recording containing the statement, he or she was responsible for the processing, copying, distribution, exhibition or selling only of the film or sound recording,
(*c*) in relation to any electronic medium on which the statement is recorded or stored, he or she was responsible for the processing, copying, distribution or selling only of the electronic medium or was responsible for the operation or provision only of any equipment, system or service by means of which the statement would be capable of being retrieved, copied, distributed or made available.
(3) The court shall, for the purposes of determining whether a person took reasonable care, or had reason to believe that what he or she did caused or contributed to the publication of a defamatory statement, have regard to—
(*a*) the extent of the person’s responsibility for the content of the statement or the decision to publish it,
(*b*) the nature or circumstances of the publication, and
(*c*) the previous conduct or character of the person.
##### 27A. **F20[Live broadcast defence**
**27A.**—(1) It shall be a defence (to be known as the "live broadcast defence") to a defamation action that relates to a statement published by a relevant person during the broadcast of a live programme for the broadcaster of the programme to prove that, in advance of and during that broadcast, the broadcaster took reasonable and prudent precautions to prevent the publication by a relevant person of a defamatory statement during the live programme.
(2) The court shall, in determining for the purposes of*subsection (1)*whether a broadcaster of a live programme took reasonable and prudent precautions, have regard to such matters as the court considers relevant, including the following:
(*a*) the level of effective control over the relevant person that could reasonably be expected of the broadcaster in those circumstances, including—
(i) the nature of the location from which the live programme was broadcast,
(ii) the nature of the live programme, and
(iii) whether the relevant person was a contributor, or a person other than a contributor, to the live programme;
(*b*) the overall measures employed by the broadcaster to ensure the taking of reasonable and prudent precautions and risk management in the conception, design and planning of live programmes, including editorial policies, risk assessment, programme production procedures, staff training and guidance and, where appropriate, transmission delays;
(*c*) the extent to which the broadcaster carried out an appropriate risk assessment, in respect of the risk of a relevant person making a defamatory statement during the live programme, in relation to the programme prior to its broadcast, having regard in particular to—
(i) the type of—
(I) live programme concerned, and
(II) persons envisaged as participants in the live programme,
(ii) the topics to be addressed during the live programme, and
(iii) the public interest in having a live programme on the topic concerned;
(*d*) where appropriate, having regard to the conclusions of the risk assessment referred to in*paragraph (c)*, whether any appropriate vetting of participants in the live programme was carried out;
(*e*) the overall management in practice of the live programme concerned, and of its participants, by the broadcaster and in particular by the presenter of the live programme.
(3) For the avoidance of doubt, the live broadcast defence shall not fail by reason only of the live programme concerned having been broadcast with a minimal delay.
(4) In this section—
“ court” means, in relation to a defamation action brought in the High Court, the jury, if the High Court is sitting with a jury;
“ defamation action ” does not include an application for a declaratory order.
##### 27. Innocent publication.
**27**.— (1) It shall be a defence (to be known as the “ defence of innocent publication ”) to a defamation action for the defendant to prove that—
(*a*) he or she was not the author, editor or publisher of the statement to which the action relates,
(*b*) he or she took reasonable care in relation to its publication, and
(*c*) he or she did not know, and had no reason to believe, that what he or she did caused or contributed to the publication of a statement that would give rise to a cause of action in defamation.
(2) A person shall not, for the purposes of this section, be considered to be the author, editor or publisher of a statement if—
(*a*) in relation to printed material containing the statement, he or she was responsible for the printing, production, distribution or selling only of the printed material,
(*b*) in relation to a film or sound recording containing the statement, he or she was responsible for the processing, copying, distribution, exhibition or selling only of the film or sound recording,
(*c*) in relation to any electronic medium on which the statement is recorded or stored, he or she was responsible for the processing, copying, distribution or selling only of the electronic medium or was responsible for the operation or provision only of any equipment, system or service by means of which the statement would be capable of being retrieved, copied, distributed or made available.
(3) The court shall, for the purposes of determining whether a person took reasonable care, or had reason to believe that what he or she did caused or contributed to the publication of a defamatory statement, have regard to—
(*a*) the extent of the person’s responsibility for the content of the statement or the decision to publish it,
(*b*) the nature or circumstances of the publication, and
(*c*) the previous conduct or character of the person.
"broadcast", "broadcaster" and "programme" shall each have the same meaning as they have in the Broadcasting Act 2009;
"contributor" means a participant in a live programme who has been invited by the broadcaster of the live programme to make statements in the course of the programme and who is not an employee or contractor of the broadcaster;
"relevant person", in relation to a defamatory statement referred to in*subsection (1)*, includes—
(*a*) a contributor, or
(*b*) a person whose presence or participation in the live programme was not invited by the broadcaster concerned and who is not an employee or contractor of the broadcaster.]
## PART 4 Remedies
##### 28. Declaratory order.
##### 28. **Declaratory order.**
**28**.— (1) A person who claims to be the subject of a statement that he or she alleges is defamatory may apply to the Circuit Court for an order (in this Act referred to as a “ declaratory order ”) that the statement is false and defamatory of him or her.
(2) Upon an application under this section, the court shall make a declaratory order if it is satisfied that—
(*a*) the statement is defamatory of the applicant and the respondent has no defence to the application,
(*a*) the statement is defamatory of the applicant and the respondent has no defence to the F21[application that is reasonably likely to succeed],
(*b*) the applicant requested the respondent to make and publish an apology, correction or retraction in relation to that statement, and
@@ -610,7 +684,7 @@
(5) An application under this section shall be brought by motion on notice to the respondent grounded on affidavit.
(6) Where a court makes a declaratory order, it may, in addition, make an order under *section 30* or *33*, upon an application by the applicant in that behalf.
(6) Where a court makes a declaratory order, it may, in addition, make an order under *F21[section 30*or*33*, or orders under both of those sections], upon an application by the applicant in that behalf.
(7) The court may, for the purposes of making a determination in relation to an application under this section in an expeditious manner, give directions in relation to the delivery of pleadings and the time and manner of trial of any issues raised in the course of such an application.
@@ -622,9 +696,9 @@
(*b*) the defendant or one of the defendants, as the case may be, resides.
##### 29. Lodgment of money in settlement of action.
**29**.— (1) In an action for damages for defamation the defendant may, upon giving notice in writing to the plaintiff, pay a sum of money into court in satisfaction of the action when filing his or her defence to the action.
##### 29. **Lodgment of money in settlement of action.**
**29**.— (1) In an action for damages for defamation the defendant may, upon giving notice in writing to the plaintiff, pay a sum of money into court in satisfaction of the action F22[…].
(2) A payment to which this section applies shall be deemed to be a payment under such rule of court for the time being in force as provides for the payment into court of a sum of money in satisfaction of an action for damages for defamation.
@@ -636,9 +710,9 @@
(4) The defendant shall not be required to admit liability in an action for damages for defamation when making a payment to which this section applies.
##### 30. Correction order.
**30**.— (1) Where, in a defamation action, there is a finding that the statement in respect of which the action was brought was defamatory and the defendant has no defence to the action, the court may, upon the application of the plaintiff, make an order (in this Act referred to as a “ correction order ”) directing the defendant to publish a correction of the defamatory statement.
##### 30. **Correction order.**
**30**.— (1) Where, in a defamation action, there is a finding that the statement in respect of which the action was brought was defamatory and the defendant has no defence to the action, the court may, upon the application of the plaintiff, make an order (in this Act referred to as a “correction order”) directing the defendant to publish a correction of the defamatory statement.
(2) Without prejudice to the generality of *subsection (1)*, a correction order shall—
@@ -648,11 +722,15 @@
(ii) the period not later than the expiration of which,
the correction order shall be published, and
(*b*) specify the form, content, extent and manner of publication of the correction,
and shall, unless the plaintiff otherwise requests, require the correction to be published in such manner as will ensure that it is communicated to all or substantially all of those persons to whom the defamatory statement was published.
the correction order shall be F23[published,]
(*b*) specify the form, content, extent and manner of publication of the F23[correction, and],
F23[(*c*) unless the plaintiff otherwise requests, require the correction to be published in such manner as will ensure that—
(i) it is given the same or similar prominence as was given to the defamatory statement, and
(ii) it is communicated to all or substantially all of those persons to whom the defamatory statement was published.]
(3) Where a plaintiff intends to make an application under this section, he or she shall so inform—
@@ -660,13 +738,13 @@
(*b*) the court at the trial of the action.
(4) An application under this section may be made at such time during the trial of a defamation action as the court or, where the action is tried in the High Court sitting with a jury, the trial judge directs.
##### 31. Damages.
(4) An application under this section may be made at such time during the trial of a defamation action as the court F24[…] directs.
##### 31. **Damages.**
**31**.— (1) The parties in a defamation action may make submissions to the court in relation to the matter of damages.
(2) In a defamation action brought in the High Court, the judge shall give directions to the jury in relation to the matter of damages.
(2) F25[…]
(3) In making an award of general damages in a defamation action, regard shall be had to all of the circumstances of the case.
@@ -692,7 +770,7 @@
(*j*) if the defence of qualified privilege is pleaded, the extent to which the defendant has acceded to the request of the plaintiff to publish a reasonable statement by way of explanation or contradiction, and
(*k*) any order made under *section 33*, or any order under that section or correction order that the court proposes to make or, where the action is tried by the High Court sitting with a jury, would propose to make in the event of there being a finding of defamation.
(*k*) any order made under *section 33*, or any order under that section or correction order that the court proposes to make F25[…].
(5) For the purposes of *subsection (4) (c)*, a defamatory statement consisting of words that are innocent on their face, but that are defamatory by reason of facts known to some recipients only of the publication containing the defamatory statement, shall be treated as having been published to those recipients only.
@@ -704,9 +782,9 @@
(7) The court in a defamation action may make an award of damages (in this section referred to as “ special damages ”) to the plaintiff in respect of financial loss suffered by him or her as a result of the injury to his or her reputation caused by the publication of the defamatory statement in respect of which the action was brought.
(8) In this section “ court ” means, in relation to a defamation action brought in the High Court, the jury, if the High Court is sitting with a jury.
##### 32. Aggravated and punitive damages.
(8) F25[…]
##### 32. **Aggravated and punitive damages.**
**32**.— (1) Where, in a defamation action—
@@ -726,11 +804,11 @@
the court may, in addition to any general, special or aggravated damages payable by the defendant to the plaintiff, order the defendant to pay to the plaintiff damages (in this section referred to as “punitive damages”) of such amount as it considers appropriate.
(3) In this section “court” means, in relation to a defamation action brought in the High Court, the jury, if the High Court is sitting with a jury.
##### 33. Order prohibiting the publication of a defamatory statement.
**33**.— (1) The High Court, or where a defamation action has been brought, the court in which it was brought, may, upon the application of the plaintiff, make an order prohibiting the publication or further publication of the statement in respect of which the application was made if in its opinion—
(3) F26[…]
##### 33. **Order prohibiting the publication of a defamatory statement.**
**33**.— (1) The High Court, or where a defamation action has been brought, the court in which it was brought, may, upon the application of the plaintiff, make an order prohibiting the publication or further publication of the statement in respect of which the application was made F27[if the court is satisfied that]—
(*a*) the statement is defamatory, and
@@ -746,9 +824,9 @@
(*c*) a permanent order.
##### 34. Summary disposal of action.
**34**.— (1) The court in a defamation action may, upon the application of the plaintiff, grant summary relief to the plaintiff if it is satisfied that—
##### 34. **Summary disposal of action.**
**34**.— (1) The court in a defamation action may, upon the application of the plaintiff, grant F28[a correction order or an order prohibiting further publication of the statement to which the defamation action relates, or both] to the plaintiff if it is satisfied that—
(*a*) the statement in respect of which the action was brought is defamatory, and
@@ -758,59 +836,119 @@
(3) An application under this section shall be brought by motion on notice to the other party to the action and shall be grounded on an affidavit.
(4) An application under this section shall not be heard or determined in the presence of a jury.
(4) F29[…]
## F30[PART 4A ADDITIONAL PROVISIONS REGARDING DEFAMATION PROCEEDINGS RELATING TO ENGAGEMENT IN PUBLIC PARTICIPATION
##### 34A. **Definitions (Part 4A)**
**34A**.—...]
##### 34B. **F31[Defamation proceedings to which Part applies**
**34B.**—...]
##### 34C. **F32[Information to be given to court**
**34C.**—...]
##### 34D. **F33[Security for costs**
**34D.**—...]
##### 34E. **F34[Application to strike out claim and appeal**
**34E.**—...]
##### 34F. **F35[Application for declaration where application to strike out claim**
**34F.**—...]
##### 34G. **F36[Application for declaration before, during or at conclusion of trial of action and costs**
**34G.**—...]
##### 34H. **F37[Order for damages in case of section 34F or 34G declaration**
**34H.**—...]
##### 34I. **F38[Publication of certain judgments and court orders**
**34I.**—...]
## F39[PART 4B ALTERNATIVE DISPUTE RESOLUTION
##### 34J. **Definitions (Part 4B)**
**34J.**—In this Part—
"proceedings" means—
(*a*) a defamation action, or
(*b*) an application under*section 33*or*34*;
"specified ADR procedures" means—
(*a*) the procedures for the making of a complaint to the Press Council concerning the conduct of its members to which*Schedule 2*refers, or
(*b*) the scheme for the exercise of the right of reply prepared under section 49 of the Broadcasting Act 2009].
##### 34K. **F40[Practising solicitor and alternatives to issuing of certain proceedings**
**34K.**—(1) A practising solicitor shall, prior to issuing proceedings on behalf of a client, where the specified ADR procedures are applicable to the medium of publication of the alleged defamatory statement—
(*a*) inform the client of the availability of the specified ADR procedures,
(*b*) provide the client with information in relation to the implications of engaging in the specified ADR procedures on the proceedings the solicitor may issue on behalf of the client, including implications as to costs,
(*c*) advise the client of the implications of resolving a dispute in relation to the publication of a statement that is alleged to be defamatory of the client otherwise than by way of the issuing of proceedings including by way of the specified ADR procedures, and
(*d*) advise the client that the specified ADR procedures are voluntary.
(2) If a practising solicitor is acting on behalf of a client who intends to institute proceedings, the originating document by which the proceedings concerned are instituted shall be accompanied by a statutory declaration made by the solicitor evidencing his or her compliance with*subsection (1)*.
(3) If the originating document referred to in*subsection (2)*is not accompanied by a statutory declaration made in accordance with that subsection, the court concerned shall adjourn the proceedings for such period as it considers reasonable in the circumstances to enable the practising solicitor concerned to comply with*paragraphs (a)*to*(d)*of*subsection (1)*and provide the court with such declaration or, if the solicitor has already complied with*subsection (1)*, to provide the court with such declaration.
(4) In this section, "practising solicitor" has the same meaning as it has in the Act of 2015.]
##### 34L. **F41[Effect of specified ADR procedures on limitation periods**
**34L.**—In reckoning a period of time for the purposes of any limitation period under section 11 of the Act of 1957 applicable to the bringing of a defamation action, the following periods of time shall be disregarded:
(*a*) where a complaint is made to the Press Council to which Schedule 2 refers, the period beginning on the date of the making of the complaint and ending on the date of the determination of the complaint (including, where applicable, its determination by the Press Council on appeal) in accordance with the procedures of the Press Council for the time being in force;
(*b*) where a person exercises a right of reply under section 49 of the Broadcasting Act 2009, the period beginning on the date of the making of a request for the right of reply under that section and ending on—
(i) the expiration of a period of 21 days after the date of receipt by the requester of a decision to refuse under subsection (8) or (9) of that section, or
(ii) where an application to the Compliance Committee is made under that section, the date of receipt by the person who made the application of a statement in writing of the decision of the Compliance Committee under subsection (20) of that section.]
##### 34M. **F42[Court inviting parties to consider alternatives to certain proceedings**
**34M.**—...]
##### 34N. **F43[Factors to be considered by court in awarding costs**
**34N.**—...]
## PART 5 Criminal Liability
##### 35. Abolition of certain common law offences.
##### 35. **Abolition of certain common law offences.**
**35**.— The common law offences of defamatory libel, seditious libel and obscene libel are abolished.
##### 36. Publication or utterance of blasphemous matter.
**36**.— (1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €25,000.
(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
(*a*) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and
(*b*) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.
(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
(4) In this section “ religion ” does not include an organisation or cult—
(*a*) the principal object of which is the making of profit, or
(*b*) that employs oppressive psychological manipulation—
(i) of its followers, or
(ii) for the purpose of gaining new followers.
##### 37. Seizure of copies of blasphemous statements.
**37**.— (1) Where a person is convicted of an offence under *section 36*, the court may issue a warrant—
(*a*) authorising any member of the Garda Síochána to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein,
(*b*) directing the seizure and removal by any member of the Garda Síochána of all copies of the statement to which the offence related that are in the possession of any person,
(*c*) specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Síochána.
(2) A member of the Garda Síochána may—
(*a*) enter and search any premises,
(*b*) seize, remove and detain any copy of a statement to which an offence under *section 36* relates found therein or in the possession of any person,
in accordance with a warrant under *subsection (1)*.
(3) Upon final judgment being given in proceedings for an offence under *section 36*, anything seized and removed under *subsection (2)* shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Síochána in that behalf.
##### 36. **Publication or utterance of blasphemous matter.**
**36**.— F44[…]
##### 37. **Seizure of copies of blasphemous statements.**
**37**.— F45[…]
## PART 6 Miscellaneous
##### 38. Limitation of actions.
##### 38. **Limitation of actions.**
**38**.— (1) Section 11 of the Act of 1957 is amended—
@@ -842,7 +980,7 @@
“(3) In the case of defamation actions within the meaning of the *Defamation Act 2009*, subsection (1) of this section shall have effect as if for the words ‘six years’ there were substituted the words ‘one year or such longer period as the court may direct not exceeding two years’.”.
##### 39. Survival of cause of action on death.
##### 39. **Survival of cause of action on death.**
**39**.— (1) Section 6 of the Civil Liability Act 1961 is amended by the insertion of the following definitions:
@@ -874,11 +1012,11 @@
“(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives against the estate of a deceased person, the damages recoverable against the estate of that person shall not include general damages, punitive damages or aggravated damages.”.
##### 40. Agreements for indemnity.
##### 40. **Agreements for indemnity.**
**40**.— An agreement to indemnify any person against civil liability for defamation in respect of the publication of any statement shall be lawful unless at the time of the publication that person knows that the statement is defamatory, and does not reasonably believe that there is a defence to any action brought upon it that would succeed.
##### 41. Jurisdiction of courts.
##### 41. **Jurisdiction of courts.**
**41**.— The Third Schedule to the Courts (Supplemental Provisions) Act 1961 is amended by—
@@ -888,12 +1026,9 @@
“
| 7A | A defamation action under the *Defamation Act 2009*. | Where the amount of the claim does not exceed €50,000. | At the election of the plaintiff— (*a*) the judge of the circuit where the tort is alleged to have been committed, or (*b*) the judge of the circuit where the defendant or one of the defendants resides or carries on business. |
| --- | --- | --- | --- |
”.
##### 42. Malicious falsehood.
##### 42. **Malicious falsehood.**
**42**.— (1) In an action for slander of title, slander of goods or other malicious falsehood, the plaintiff shall be required to prove that the statement upon which the action is founded—
@@ -909,13 +1044,13 @@
(*b*) that the publication of the statement was calculated to cause and was likely to cause financial loss to the plaintiff in respect of his or her property or his or her office, profession, calling, trade or business.
##### 43. Evidence of acquittal or conviction.
##### 43. **Evidence of acquittal or conviction.**
**43**.— (1) Where a person has been acquitted of an offence in the State, the fact of his or her acquittal, and any findings of fact made during the course of proceedings for the offence concerned, shall be admissible in evidence in a defamation action.
(2) Where a person has been convicted of an offence in the State, the fact of his or her conviction, and any findings of fact made during the course of proceedings for the offence concerned, shall be admissible in evidence in a defamation action.
##### 44. Press Council.
##### 44. **Press Council.**
**44**.— (1) The Minister may by order declare that such body as is specified in the order shall be recognised for the purposes of this Act, and a body standing so recognised, for the time being, shall be known, and in this Act is referred to, as the “Press Council” .
@@ -931,152 +1066,77 @@
(7) Whenever an order is proposed to be made under this section a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.
## SCHEDULE 1 Statements having Qualified Privilege
## 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. A fair and accurate report of any proceedings publicly heard before, or decision made public by a court (including a court-martial) established under the law of any state or place (other than the State or Northern Ireland).
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 under the law of a Member State of the European Union, 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 in a Member State of the European Union.
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.
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 froma 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 in the State or in a Member State of the European Union, 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 in the State or in a Member State of the European Union, 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 in the State or in a Member State of the European Union, 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 in a Member State of the European Union.
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
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.
##### 45. **F46[Circuit Court identification order**
**45.**—(1) The Circuit Court (in this section referred to as the "court") shall have jurisdiction to hear and determine an application in accordance with this section.
(2) An application shall be made by an applicant—
(*a*) in good faith, and
(*b*) on notice to the relevant intermediary service provider concerned.
(3) Upon an application, the court may, subject to*subsection (4)*, make an order (in this section referred to as an "identification order") requiring a relevant intermediary service provider to provide to the applicant such relevant information as the court may specify in the identification order where the court is satisfied that—
(*a*) a statement was published, or caused to be published, on an information society service by means of an intermediary service provider by a person or entity (in this section referred to as an "anonymous publisher") whose identity is unknown to the applicant and whose identity is not readily ascertainable on the face of the statement or from other information available to the applicant on the information society service,
(*b*) a claim by the applicant in any defamation proceedings against the anonymous publisher that the statement is defamatory is likely to succeed at trial,
(*c*) the relevant information is necessary to enable the applicant to bring defamation proceedings against the anonymous publisher to whom the relevant information relates,
(*d*) the relevant information is likely to be in the possession of the relevant intermediary service provider, and(e) the applicant has no other practicable means of obtaining the relevant information.
(4) A court may—
(*a*) make an identification order only where it considers that—
(i) it is in the interests of justice to do so, and
(ii) the interests favouring disclosure of relevant information outweigh those against,having regard to the rights and obligations of the applicant and those of the anonymous publisher and any third parties who are reasonably likely to be affected by the order, and
(*b*) make the order subject to such conditions as it considers appropriate, which may include, in relation to the relevant information disclosed to the applicant by the relevant intermediary service provider in accordance with that order—
(i) terms restricting the use of the relevant information so disclosed to the bringing of defamation proceedings against the anonymous publisher, and
(ii) an undertaking by the applicant not to use the relevant information so disclosed other than to bring defamation proceedings against the anonymous publisher.
(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.]
2009-07-23
Defamation Act 2009
original version Text at this date