knowledge 26 February 2026 |

Ireland’s Anti-SLAPP Framework: The 2026 Act and General Scheme Explained

SLAPPs in the Defamation Act 2026

The Anti-SLAPP Directive provides for a series of anti-SLAPP measures designed to protect persons who engage in public participation¹ against manifestly unfounded legal actions and abusive proceedings.

SLAPPs are civil cases initiated primarily to intimidate private individuals or organisations. These types of legal action aim to suppress opposition, impose financial strain on the target, and intimidate. The procedural safeguards introduced by the Anti-SLAPP Directive are implemented by a new Part 4A of the Defamation Act 2009 (inserted by Part 7 of the Defamation Act 2026) and allow defendants to seek early intervention from a court to dismiss or manage claims that appear designed to silence public participation rather than to vindicate a genuine legal right. These anti-SLAPP measures recognise that the threat of costly and prolonged litigation can itself achieve a plaintiff's objective of suppressing criticism, even where the underlying claim lacks merit.

In respect of defamation claims, the new Part 4A of the Defamation Act 2009 allows defendants such as journalists, NGOs, or campaigners, sued for defamation on foot of their engagement in public participation, to apply to the court to strike out “manifestly unfounded” claims. Pursuant to section 34C of the Defamation Act 2009 (inserted by section 19 of the Defamation Act 2026), the onus is on an applicant to inform the court of their belief that the proceedings may constitute a SLAPP.

SLAPPs in Other Civil and Commercial Proceedings

The mechanisms proposed in the General Scheme will apply anti-SLAPP measures to all civil and commercial proceedings other than defamation. The safeguards will mirror the anti-SLAPP provisions in the new Part 4A of the Defamation Act 2009. While defamation is one of the most common forms of SLAPP, SLAPPs can also come in a variety of forms including data protection, privacy, intellectual property and harassment claims.

The Anti-SLAPP Directive applies directly to civil matters, where there are “cross-border implications”. The General Scheme will apply the safeguards of the Anti-SLAPP Directive to proceedings with cross border implications as well as where both parties are domiciled in Ireland and all other elements relevant to the case concerned are located in Ireland.

It is proposed in the General Scheme that defendants will also be able to seek a declaration that the proceedings are “abusive court proceedings against public participation”. These proceedings include disproportionate, excessive or unreasonable claims, initiation of multiple proceedings by the plaintiff, intimidation, harassment or threats before or during proceedings, and the use of procedural tactics in bad faith, such as delay or forum shopping. Under Head 8 of the General Scheme, where the court grants such a declaration, this is a factor that will be considered by the court when determining an award of costs.

The key mechanisms set out in the General Scheme are:

• Head 3 provides for third-party interventions by permitting human rights bodies, NGOs, or other appropriate bodies with relevant expertise, to appear before the court as amicus curiae or to provide support to a defendant;
• Head 4 provides for security for costs and damages, allowing the court to require a plaintiff to provide security where there is a prima facie case that the proceedings are abusive;
• Head 6 addresses burden of proof, providing that where early dismissal is sought in proceedings and a court is satisfied there is a prima facie case that proceedings are abusive or manifestly unfounded, it shall be for the claimant who brings the action to substantiate the claim in order to enable the court to assess whether or not it is a SLAPP;
• Heads 11 and 12 address third-country SLAPP judgments. Head 11 provides that courts shall refuse to recognise or enforce third-country judgments that would have been considered manifestly unfounded or abusive had they been initiated in the State. An early test of the corresponding provisions in the Anti-SLAPP Directive, Articles 16 and 17, has been brought by Greenpeace, who has contested the enforcement of a US judgment in the Netherlands (see our full briefing on this claim here);
• Head 12 further provides a cause of action for persons domiciled in Ireland who are targeted by SLAPP proceedings in third countries to seek a declaration and compensation. 

The Defamation Act 2026 and the General Scheme represent a significant step forward in protecting journalists, NGOs, campaigners and other participants in public discourse from abusive litigation tactics. Together, they will transpose the Anti-SLAPP Directive into Irish law, providing robust procedural safeguards against manifestly unfounded and vexatious claims designed to silence legitimate criticism.

On 25 February 2026, the Minister for Justice signed the Defamation (Amendment) Act (Commencement) Order 2026, which provides for the commencement of the majority of the provisions of the Defamation Act 2026 from 1 March 2026.  However, the commencement of Part 7 of the Defamation Act 2026, which contains the anti-SLAPP provisions, will be aligned with the commencement of the provisions of the SLAPPs Bill. The timeline for the introduction of the SLAPPs Bill remains to be seen. The deadline for Member States to transpose the Anti-SLAPP Directive is 7 May 2026.