knowledge 16 February 2026 |

Defamation Law Overhauled: Ireland’s Landmark 2024 Bill set to Alter the Libel Landscape

Following extensive debate in both Houses of the Oireachtas, 11 February 2026 marked the end of the legislative passage through the Houses for the Defamation (Amendment) Bill 2024 (the “2024 Bill”). The 2024 Bill now awaits the President’s signature to be enacted into law.  The 2024 Bill introduces the most significant reforms to Irish defamation law since the enactment of the Defamation Act 2009 (the “2009 Act”). These reforms seek to recalibrate the balance between two fundamental constitutional rights: the right to protection of one's good name and the right to freedom of expression.

This briefing, the first in a two part series, examines key changes in the 2024 Bill including, ending juries in defamation proceedings, introducing new defences and revising existing ones, and introducing a “serious harm” threshold for claims brought by bodies corporate.  Our second briefing will consider how the 2024 Bill will incorporate anti-SLAPP measures into Irish law, and the recent publication of the General Scheme of the Strategic Lawsuits Against Public Participation Bill.  

Abolition of juries in High Court actions

Unsurprisingly, the abolition of juries in High Court defamation trials was a hot topic for debate as the 2024 Bill passed through the Houses of the Oireachtas.  The change, designed to improve efficiency, reduce costs, and create greater consistency, will apply to defamation proceedings, brought after section 4 of the 2024 Bill is commenced.

By shifting to judge-only trials, the Irish system will align more closely with other common law jurisdictions.

“Serious harm” test for bodies corporate

In an effort to prevent frivolous or tactical claims by corporate entities, the 2024 Bill will  introduce a “serious harm” requirement for bodies corporate whereby a statement made on or after the date of the coming into operation of the 2024 Bill, concerning a “body corporate” will not be defamatory unless “its publication has caused, or is likely to cause, serious harm to the reputation of the body corporate”. For bodies corporate trading for profit, harm will not be considered “serious” unless “it has caused, or is likely to cause, the body corporate serious financial loss”.

This mirrors similar reforms introduced in the United Kingdom under the Defamation Act 2013.

Reform of defences

The 2024 Bill substantially reforms the defences available in defamation proceedings.

Fair Publication on a matter of public interest

To clarify the use of the now renamed defence of fair publication on a matter of public interest, and promote its consistent application, the 2024 Bill will amend section 26 of the 2009 Act to provide that it will be a defence for a defendant (i) to show that the statement concerned was on a matter of public interest; (ii) that the defendant reasonably believed publication was in the public interest; and (iii) that the statement was published in good faith. In assessing whether the belief was reasonable, the courts will consider whether the defendant undertook such enquiries and checks as were reasonable in the circumstances. Importantly, where the publication consists of an accurate and impartial account of a dispute, the court must disregard any omission by the defendant to verify the truth of the alleged imputation conveyed.

Further, section 26A will be inserted into the 2009 Act abolishing the common law “Reynolds defence” that exists as a defence for responsible journalism. The effect of this reform is to consolidate public interest reporting into a single statutory defence, providing clarity and certainty for journalists and publishers.

Qualified privilege – transient retail defamation

Section 18 of the 2009 Act, concerning qualified privilege, will be extended to transient retail defamation. This defence may be used if:

1. the concerned statement was an inquiry as to whether the concerned person had paid for goods or services, obtained services, or possessed goods or proof of payment; or 
2. the concerned person’s means of payment was unable or incapable of being accepted. 

The defence does not apply in circumstances where a retailer does not act in good faith or publishes the statement disproportionately.

Innocent publication – “live broadcast defence”

To reflect the realities of modern media production and the difficulty of exercising full editorial control over live content, the 2024 Bill introduces a new defence called the “live broadcast defence” under the proposed section 27A.

When raising this defence, the defendant will be required to prove that “reasonable and prudent precautions” were taken prior to and during the live broadcast to prevent the publication of defamatory statements. Factors which the court may consider will include the nature of the location of the broadcast, the nature of the live programme and whether the relevant person was a contributor to the programme. The court will also look to assess the broadcaster and presenter’s overall management of the live broadcast, in particular the risk assessment carried out by the broadcaster (if any).

Absolute privilege

Section 17 of the 2009 Act will be amended to extend the territorial scope of absolute privilege to cover fair and accurate reports of public proceedings in other states or places.

Circuit Court Identification order – online defamation and anonymous publishers

Through the introduction of a new section 45 of the 2009 Act, the 2024 Bill proposes to give the Circuit Court jurisdiction to grant Norwich Pharmacal Orders to  be known as “identification orders”.  At present these orders which require intermediary service providers to disclose information about anonymous publishers of allegedly defamatory material can only be obtained in the High Court.

Such orders will only be made where the court is satisfied that the applicant’s claim is likely to succeed, that the information sought is necessary to bring proceedings, that the intermediary service provider is likely to have the information and the applicant has no other practicable means of obtaining the information. The court must also be satisfied that making such an order is in the interests of justice and the interests favouring disclosure outweigh those against.

The court may impose conditions restricting the use of disclosed information solely to the purpose of bringing defamatory proceedings.

Alternative Dispute Resolution (“ADR”)

The 2024 Bill will introduce a new Part 4B into the 2009 Act which seeks to promote the use of ADR mechanisms by mandating the provision to clients of information on ADR options before issuing proceedings, and requiring that a statutory declaration confirming compliance with this requirement accompanies any originating court document. Courts will have the power to adjourn proceedings to facilitate ADR and may consider unreasonable refusals to engage in ADR when awarding costs. Limitation periods for defamation actions will also be suspended while ADR procedures are ongoing.

Offer to make amends and correction orders

The 2024 Bill will improve the operation of correction, apology, and offer of amends procedures under the 2009 Act whereby in relation to offers to make amends corrections and apologies (as part of any such offers) must be published with the same or similar prominence as the original defamatory statement, unless the plaintiff requests otherwise. This departs from the present requirement to: “publish that correction and apology in such a manner as is reasonable and practicable in the circumstances”. Where a defendant makes an offer of amends, the court when making a costs order is required to take account of the conduct of both parties subsequent to the making of the offer.

Somewhat similar to the above change but in the context of a correction order made by the Court, the 2024 Bill requires that the correction is published with the same or similar prominence as the original defamatory statement and communicated to all or substantially all those whom that statement was published. [KQ1] 

Conclusion

The 2024 Bill marks a decisive shift in Irish defamation law and seeks to create a more balanced, efficient, and modern framework for defamation proceedings. It also addresses pressing contemporary issues such as online anonymity and the risks associated with live broadcasting and abusive litigation.

The 2024 Bill will significantly alter the legal landscape for media organisations, bodies corporate, and individuals. It provides greater certainty for publishers, stronger safeguards for the freedom of expression, and more efficient remedies for those whose reputations may have been unfairly harmed. At the same time, by aligning Irish law with EU standards and international best practice, the 2024 Bill will help ensure that Ireland remains a jurisdiction that upholds both free speech and the right to a good name.