CHANGE THE ACT

Calling for urgent reform of Irish defamation laws Ireland’s Draconian Defamation Laws Must Be Urgently Reformed - It’s in The Public Interest

Ireland’s defamation laws are among the existence of many businesses the most restrictive in Europe and today due to soaring insurance costs throughout the English-speaking world. is mirrored in the exploitation of our They result in having a chilling effect defamation laws by claimants who - on the media’s role as the public’s unlike in the UK - do not have to prove watchdog and its ability to reveal serious harm to their reputation, yet matters of important public interest. pursue monetary claims in preference to engaging the offices of the Press Ombudsman and the Press Council. WHY SHOULD THE LAW BE UPDATED? SETTING THE RIGHT Quite simply, it’s in the best interest BALANCE of the democracy for which you as a public representative work hard Good defamation policy is and devote yourself to uphold, at categorically not about giving a time when democratic values are journalists a free rein to write what being threatened and undermined they like. It is about setting the right throughout the world. balance in order to protect people’s reputations and the need to defend Of course, there’s ample recent and promote freedom of expression evidence of important stories being and the media’s ability to freely report exposed by Ireland’s media that on matters in the public interest. otherwise would have remained secret. But other equally serious REFORM IS LONG OVERDUE and important matters of public The current Defamation Act 2009 was interest never get revealed because due for review by the Department of of defamation laws that impose Justice in 2014. However, the review potentially devastating levels of risk didn’t commence until November 2016. on publishers. NewsBrands Ireland and Local Furthermore, the high level of awards Ireland, along with many other and related legal costs are seriously organisations, made submissions to jeopardising the financial viability of the Department of Justice in January many local and national newspapers. 2017. To date, the review has not been completed. This is unacceptable. ‘COMPO CULTURE’ The current Act is not fit for purpose There is ample evidence that the and serves neither the public nor ‘compo culture’ which is threatening freedom of the press.

Tweet your support @newsbrandsirl Tweet your support #ChangeTheAct As mentioned earlier, it also facilitates of Press Ombudsman and Press a system where many complainants Council of Ireland, an independent choose the legal route and the and free mechanism for considering prospect of a monetary award, rather complaints that is funded by than utilising the services of the Office the industry.

WHAT CAN BE DONE TO BRING IRELAND’S DEFAMATION LAW INTO LINE WITH THE REST OF EUROPE?

As a first step, the Department of Justice, Equality and Law Reform must 1. complete and publish the findings of the review of the Defamation Act 2009. The new Defamation Act should include a ‘serious harm’ test. This test, already 2. successfully in operation in the UK, discourages trivial claims that can chill free expression and inundate Irish courts with lengthy and costly court cases. Claimants who do not meet the test have the option to take their case to the Office of Press Ombudsman. Cap on damages. Damages in Ireland are much higher – often multiples of the 3. equivalent awards in Europe. The Act should set a cap on court awards as is the practice in a personal injuries actions Abolition of juries. Defamation is virtually the only civil action that continues to 4. be decided by juries. The use of juries considerably lengthens the duration of the trial, thus increasing legal costs, and the outcome and, and can result in unpredictable levels of awards.

The above recommendations will provide:

And, crucially, that reputations can A more balanced They will ensure be protected in a and fairer process freedom of manner available for the resolution of expression to everyone, not defamation claims just the rich and the powerful

Tweet your support @newsbrandsirl Tweet your support #ChangeTheAct How you can support independent journalism If you want to support our campaign: Contact your local TD and tell him or her you want measures • to support independent journalism • Tweet your support at #ChangeTheAct • Follow us @newsbrandsirl for updates

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www.newsbrands.ie www.localireland.info Ann Marie Lenihan Johnny O’Hanlon CEO NewsBrands Ireland Director Local Ireland E: [email protected] E: [email protected]