The Dáil is expected to pass the remaining stages of the Defamation Bill this week, clearing the path for the legislation to proceed to the Seanad.
A number of government and opposition amendments are to be considered in the Dáil, with Sinn Féin seeking to have the Bill amended to allow the retention of juries in defamation cases.
Abolishing juries in these cases is one of the key provisions of the Bill and is a move long sought by media organisations keen to reduce the cost and length of defamation actions. Juries in personal injury cases were abolished many years ago.
The Bill also introduces protections for media organisations against strategic lawsuits against public participation – or “Slapps” – which are defamation actions taken by usually rich or powerful individuals designed to intimidate media organisations in their coverage of such people.
RM Block
The amendments introduce a power for the High Court to award damages against a party which takes a “Slapp” action against a media outlet.
Having been initiated by the previous government, the Bill was reintroduced to the Dáil order paper in spring and is now expected to passed by the Oireachtas this year.
The Bill also contains measures to reduce legal costs in defamation cases as well as provisions designed to make it less costly for plaintiffs to obtain the identity of people who post defamatory content online.
There is also a new defence for retailers subjected to defamation claims for challenging people on whether they have paid before leaving a shop.
Sinn Féin amendments seeking the retention of juries in defamation cases were previously put during the committee stage of the bill in April, but were rejected by the Government.
When opposition TDs pointed out to the Minister for Justice Jim O’Callaghan that he had cautioned against the abolition of juries when he was a backbencher in the last government, Mr O’Callaghan said “one of the consequences of membership of a political party is the need for compromise”.
Mr O’Callaghan said he supported the Fianna Fáil manifesto of the last general election supporting the proposed legislation.
“A programme for government was agreed between the two parties. I am a minister in that government,” he said.
“I am bound, because of the principles of compromise and collective responsibility, to give effect to what was agreed in the programme for government.”
