Ireland’s new Defamation (Amendment) Bill 2024, set for a vote in the Seanad today, has been condemned by 29 civil society and media organisations as a “missed opportunity” that fails to protect public interest speech.
In a statement released this morning, the coalition of organisations – including the Index on Censorship, the National Union of Journalists, the European Federation of Journalists (EFJ), the Committee to Protect Journalists, and the Irish Council for Civil Liberties – expressed deep disappointment that the Bill, which passed the Dáil on July 2nd by a vote of 83 to 61, falls short of incorporating robust safeguards required to protect against Strategic Lawsuits Against Public Participation (SLAPPs).
SLAPPs are lawsuits, often filed by influential individuals or organizations, aimed at silencing journalists, activists, or businesses through defamation claims, pressuring them to retract statements or stop public discussion.
Jessica Ní Mhainín, Head of Policy and Campaigns at Index on Censorship, described the timing of the bill’s passage as ironic, noting it coincided with the European Day of Action against SLAPPs.
“It is ironic that this piece of legislation was passed in the Dáil on European Day of Action against SLAPPs because it completely fails to offer meaningful protection to SLAPP defendants,” she said.
Ní Mhainín added: “Its complex and flawed provisions risk becoming tools only accessible to those with significant legal resources – not the individuals most often targeted with SLAPPs. We need the senators to take action now to stop this inadequate Bill from being passed into law.”
Critics argue that the Bill does not fully transpose the EU Anti-SLAPP Directive, which Ireland is legally obliged to implement by May 2026. The current provisions apply exclusively to defamation proceedings, ignoring other frequent forms of SLAPPs involving privacy, copyright, and data protection.
Dr. Francesca Farrington, Convener of the Anti-SLAPP Research Hub at the University of Aberdeen, said “The Dáil has failed to fully transpose the minimum standards and protections required by the Directive.”
“At a time of great threat to democracy, the rule of law, and human rights, the government has missed a vital opportunity to champion freedom of expression and protect public watchdogs. If the directive is a floor, not a ceiling, this is somewhere in the basement, but there is still time to level up.”
Dr. Eoin O’Dell, Associate Professor of Law at Trinity College Dublin, criticised the anti-SLAPP measures as “grudging” and predicted they would be ineffective, calling the Bill a “series of missed opportunities and profound disappointments.”
“For a reform process that started with so much promise, the Bill has been a series of missed opportunities and profound disappointments,” O’Dell said.
“Nowhere is this clearer than in respect of its anti-SLAPP provisions, which are so grudging that they will be impotent in practice.”
Neil McDonnell, Chief Executive of the Irish Small and Medium Enterprises Association (ISME), also criticised the Bill in a recent letter to TDs, stating: “This Wednesday evening, you will be asked to vote through a deeply flawed Defamation (Amendment) Bill 2024. While we in ISME have previously welcomed some aspects of this bill, it is seriously defective as currently written.”
McDonnell specifically highlighted the bill’s lack of protections for satirical content, failure to strengthen the “fair and reasonable publication” defence, and insufficient anti-SLAPP measures.
“There is no protection for comedic or satirical content,” he noted, adding that the bill does not align with European human rights standards.
The organisations are urging senators to introduce amendments ensuring comprehensive protection of freedom of expression. They warn that without such changes, journalists, whistleblowers, academics, and human rights defenders will remain vulnerable to abusive litigation designed to silence public participation.
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