On 11 February 2026, the Defamation (Amendment) Bill (the “Defamation Bill”) completed its passage through both houses of the Oireachtas, the Irish Houses of Parliament. The Defamation Bill will now be sent to the President to be signed into law and will become operational upon the signing of a commencement order by the Minister for Justice, Home Affairs and Migration Jim O’Callaghan (the “Minister”).

Concurrently, the Minister has published the General Scheme of the Strategic Lawsuits Against Public Participation Bill (PDF 318 KB), which will mirror provisions in Part 7 of the Defamation Bill in respect of all other civil and commercial proceedings outside of defamation proceedings.

These legislative developments represent significant reforms to Irish defamation law and introduce comprehensive protections against strategic lawsuits against public participation (“SLAPPs”).

Background to the Reforms

Following the commitment to defamation reform in the Programme for Government 2025 – Securing Ireland’s Future, the Defamation Bill takes into account recommendations made in the Report of the Review of the Defamation Act 2009 published in March 2022.

The Defamation Bill aims to:

• reduce legal costs and delays for all parties in defamation proceedings;
• support easier access to justice both for those whose reputations may have been harmed and for those subject to defamation proceedings without merit; and
• provide enhanced protection for responsible public-interest journalism and public participation.

Key Reforms in the Defamation Bill

The Defamation Bill introduces several fundamental changes.

Jury Reform

The Defamation Bill removes the role of juries in High Court defamation cases. This marks a significant change in how defamation actions will be determined in High Court matters. The High Court has jurisdiction to hear defamation actions involving a claim for damages in excess of €75,000. Once the Defamation Bill is enacted and commenced, liability and damages will be decided by judges rather than juries. This reform addresses longstanding concerns about unpredictability in defamation awards and should contribute to greater consistency in outcomes.

Anonymous Posters

The Defamation Bill extends jurisdiction to the Circuit Court to make orders requiring the identification of anonymous posters of alleged defamatory material. This reform will make the remedy more accessible and cost-effective for claimants seeking to identify those responsible for anonymous defamatory publications.

Expanded Defences

An amended and simplified defence of publication in the public interest provides greater clarity and protection for those publishing matters of legitimate public concern. Additionally, new statutory defences for ‘retail defamation’ cases and for live broadcasting are introduced.

Serious Harm Test for Companies

The introduction of a ‘serious harm’ test for bodies corporate will raise the threshold for companies bringing defamation claims, requiring them to demonstrate that publication has caused or is likely to cause serious harm. A body corporate that trades for profit will have to demonstrate that the publication has caused or is likely to cause serious financial loss.

Alternative Dispute Resolution

Measures to encourage alternative dispute resolution, including a revised ‘offer of amends’ procedure, aim to facilitate early settlement and reduce litigation costs.

SLAPP Safeguards

The Defamation Bill introduces safeguards to prevent SLAPPs and protect against the misuse of defamation laws to stifle public participation and public interest reporting. These protections include mechanisms for the early dismissal of proceedings, applications for declaratory relief, security for costs, enhanced costs orders and damages awards.

Looking Ahead

Once the Defamation Bill is enacted and commenced, these reforms will impact how disputes involving reputational matters are litigated. Companies considering defamation proceedings will need to navigate the serious harm threshold, whilst defendants will have significantly enhanced protections against abusive litigation tactics. The ability to seek early dismissal, security for costs, and potentially damages create deterrents against strategic litigation designed to silence legitimate public participation.

For further advice on how these reforms may affect your business, please contact our Litigation, Dispute Resolution and Investigations Group.