Martin says defamation reforms will happen ‘quickly’
By Cillian Sherlock, PA
Defamation laws in Ireland will be changed as quickly as the Government can achieve it, the Taoiseach pledged, as he praised a “first-class” BBC journalist at the centre of Gerry Adams’ successful libel action.
Mr Adams took the BBC to court over a 2016 episode of its Spotlight programme, and an accompanying online story, which he said defamed him by alleging he sanctioned the killing of former Sinn Féin official Denis Donaldson, in which he denies any involvement.
Last month, a jury at the High Court in Dublin found in his favour and awarded him €100,000 after determining that was the meaning of words included in the programme and article.
The BBC, which was found by the jury not to have acted in good faith nor in a fair and reasonable way, was also ordered to pay the former Sinn Féin leader’s legal costs.
At the time, the director of BBC Northern Ireland Adam Smyth said there were “profound” implications from the jury’s decision.
“As our legal team made clear, if the BBC’s case cannot be won under existing Irish defamation law, it’s hard to see how anyone’s could – and they warned that today’s decision could hinder freedom of expression.”
Spotlight reporter Jennifer O’Leary said she had entered the witness box in the trial with “nothing to hide, only sources to protect and I want to thank them for trusting me”.
The broadcaster’s legal team was granted a stay in the payment of the full award as it takes time to consider an appeal.
Asked if he agreed with the BBC’s assessment of the case on Thursday, Taoiseach Micheál Martin said: “I think the defamation laws need to be changed – we’re going to change them.”
Mr Martin said the Government would pass the legislation “as quickly as we can” and paid tribute to Ms O’Leary.
“I think we do need to get it through to create a balanced environment for commentary and for investigative journalism.”
He added: “Jennifer O’Leary is a first-class journalist.”
Among the key provisions in the Defamation Bill highlighted by government are the abolition of juries in High Court defamation actions, which is hoped to reduce delays and legal costs; and of protections against strategic lawsuits, also known as SLAPPs actions, viewed as having a chilling effect on public interest journalism and press freedom.
The draft laws also include a statutory power for the Circuit Court to issue a ‘Norwich Pharmacal’ order, allowing a digital services provider to identify an anonymous poster of defamatory statements online.
Mr Martin, who took legal action against Google at the High Court for information about who had financed fake ads which claimed he had endorsed specific cryptocurrencies, added: “We’ve published heads of the bill, and (Justice Minister Jim) O’Callaghan is going to proceed, we’re going to do it in this Government.”
