- within Cannabis & Hemp, Insolvency/Bankruptcy/Re-Structuring and Law Practice Management topic(s)
- with readers working within the Retail & Leisure industries
On 11 February 2026, Ireland reached a significant milestone in media law reform when the Defamation (Amendment) Bill completed its passage through both houses of the Oireachtas. Described by NewsBrands Ireland as a "landmark moment for press freedom in Ireland", the legislation marks the first major reform of Irish defamation law in over 15 years, since the Defamation Act 2009. The reforms bring Irish defamation law into closer alignment with the legal framework that has operated in England and Wales since the passage of the Defamation Act 2013. It also moves closer to north of the border following the changes made by the Defamation Act (Northern Ireland) 2022.
The centrepiece of the new legislation is the abolition of jury trials in High Court defamation actions. Under the previous framework, defamation cases were heard before a judge and jury- an approach that had attracted criticism for its expense, delays, and inconsistent outcomes. This reform directly mirrors the position in England and Wales and Northern Ireland, where jury trials in defamation cases have been effectively eliminated, with supporters arguing that judge-led decisions will provide greater transparency and proportionality in awards.
The Irish legislation also introduces a "serious harm" threshold for corporate defamation claimants, requiring proof of actual or likely serious financial loss. This closely mirrors Section 1(2) of England and Wales's Defamation Act 2013, which was designed to deter corporations from pursuing defamation claims over trivial matters that have no real impact on their commercial interests. Notably, the Irish Bill applies this test only to corporate claimants, whereas the English Act applies it to all claimants. Notably, no serious harm test exists in Northern Ireland.
The Bill also introduces robust safeguards against strategic lawsuits against public participation (SLAPPs), empowering defendants to apply for early dismissal of abusive proceedings. These measures implement the EU Anti-SLAPP Directive and go further than the current anti-SLAPP framework in England and Wales which is confined to an expression and disclosure of information about economic crimes by virtue of the Economic Crime and Corporate Transparency Act 2023. Northern Ireland has no statutory anti-SLAPP provisions. The Irish legislation also introduces an amended and more simplified defence for publication in the public interest, providing enhanced protection for responsible journalism.
Taken together, the reforms address longstanding concerns that Ireland's defamation framework was out of step with international norms and exposed media organisations to significant financial risk. With Irish law now more closely resembling the regime in England and Wales, media organisations publishing across both jurisdictions can expect a more consistent and foreseeable legal landscape.
The legislation now awaits signature by the President before being commenced.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
