Earlier this year Minister for Justice, Home Affairs and Migration Jim O’Callaghan signed the Defamation (Amendment) Act (Commencement) Order 2026, which provided for the commencement of the majority of the provisions of the Act from March 1^st.

This includes provisions such as:

• reforming of the role of juries in High Court defamation cases;
• providing statutory jurisdiction for the Circuit Court to make orders requiring identification of anonymous posters of defamatory material;
• amending and simplifying the defence of fair publication in the public interest;
• introducing new statutory defences for ‘retail defamation’ cases and for live broadcasting;
• introducing a ‘serious harm’ test for bodies corporate;
• encouraging alternative dispute resolution including a revised ‘offer of amends’ procedure.

Reforms to defamation law were debated at a conference on April 14^th  hosted by the Media, Internet and Data Protection Bar Association (MIDBA). The conference heard criticism of some of the new defamation legislation. Senator Michael McDowell SC told the attendees that it provides “nothing” to defend citizens against defamatory comments on social media.

Also at the debate Ben Hobbs, partner in Schillings International, and co-founder of Schillings Ireland, noted that in England and Wales, although jury trials technically remained available under the Defamation Act 2013, they were now rarely used in practice. The decline in juries had not significantly reduced costs or the volume of litigation, but had altered case management, with greater reliance on preliminary hearings and issue-based determinations, the event heard.

The Bill to reform defamation law in Ireland had taken over ten years to finally be passed through the Oireachtas. A review of the 2009 Defamation Act was first announced in 2016 amid much criticism from the media in Ireland.

The Government says the Defamation Amendment Bill will “balance freedom of expression with protections for individuals’ good name and reputation”. The Bill will also provide more consistent and predictable redress in defamation cases, as well as easier access to justice both for those whose reputations are unfairly attacked and for those subject to unfounded defamation proceedings.

Justice Minister Jim O’Callaghan remarked that the passing of the Bill on Wednesday will bring “considerable reform to defamation law”.

He added that it will “reduce legal costs and delays for all parties in defamation proceedings and provide enhanced protection for responsible public-interest journalism and public participation”.

“This is an important Act that balances and safeguards the rights to freedom of expression with the protection of a person’s good name and reputation, and the right of access to justice. Commencement will bring considerable reform to defamation law.’’

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.