Government unveils plans to reduce 'disproportionate' defamation awards

The plan includes a reform where, if a person is defamed, the correction must be published with equal prominence to the defamatory publication
Government unveils plans to reduce 'disproportionate' defamation awards

Cillian Sherlock, PA

Juries would be abolished in High Court defamation cases under the Government’s proposed reforms of defamation law.

Minister for Justice Simon Harris said one of the reasons for this is to remove “uncertainty”.

“When a jury gives a verdict, the jury doesn’t have to lay out the mechanisms and the rationale behind that, so it actually injects huge uncertainty and a lack of predictability into our laws and our judgments in relation to these things,” he said.

The measure is part of the general scheme of the Defamation (Amendment Bill) to reduce “disproportionate and unpredictable awards”, the minister said.

Hr Harris added he was announcing several measures to address “challenges posed by an increasingly complex media landscape”.

 

Another measure outlines that when a person is defamed, the correction must be published with equal prominence to the defamatory publication.

“It’s not really proper that you splash the article on the front page and the correction is on page 63 under the horoscopes,” he said.

The Bill includes measures to tackle online defamation and also reforms on reducing legal costs and delays, incentivising alternative dispute resolution and supporting faster apologies and corrections.

It also provides for the insertion of a new part into the act to deal with strategic lawsuits against public participation (SLAPPS).

Mr Harris said: “Democracy cannot truly flourish without robust protection for the right of freedom of expression.

“Of course, this must always be carefully balanced with safeguarding the individual right to good name and reputation, and the right of access to justice.

“I believe this legislation strikes the right balance between those rights.”

It will reform defence for live broadcasting when a contributor unexpectedly makes a defamatory comment during a live broadcast, provided the broadcaster shows it took reasonable measures before and during the broadcast to prevent that happening.

Mr Harris said it would also combat libel tourism by creating “a new test to actually establish appropriate jurisdiction”.

more Courts articles

A doctor's desk at a general practitioner's surgery. UK. Cork court: Doctor to face trial by judge and jury over accusation of sexual assault at practice
Cork accused: Case against me like ‘Fawlty Towers’ Cork accused: Case against me like ‘Fawlty Towers’
Two men accused of murdering Kieran Quilligan replied 'no comment' when allegations were put to them, court hears Two men accused of murdering Kieran Quilligan replied 'no comment' when allegations were put to them, court hears

More in this section

Former Irish Examiner columnist abducted while travelling in Tanzania Former Irish Examiner columnist abducted while travelling in Tanzania
Fireworks launched at gardaí, Garda van set alight, in clash with protesters at Citywest Fireworks launched at gardaí, Garda van set alight, in clash with protesters at Citywest
Irish presidential election ‘I hardly know what day it is,’ says Humphreys over O’Farrell inquiry vote query

Sponsored Content

Every stone tells a story Every stone tells a story
Absolute Property – Over a quarter century of property expertise Absolute Property – Over a quarter century of property expertise
Stay Radisson: Stay Sligo, Limerick, Athlone and Cork Stay Radisson: Stay Sligo, Limerick, Athlone and Cork
Contact Us Cookie Policy Privacy Policy Terms and Conditions

© Examiner Echo Group Limited

Add Echolive.ie to your home screen - easy access to Cork news, views, sport and more