The New Defamation Act (2009)

The long awaited Defamation Bill (introduced in 2006) was signed into law by the President of Ireland on July 23 2009. It is understood that it will take effect in October.

The Defamation Act 2009 will replace the existing Defamation Act 1961 and will, most significantly, allow a judge sitting with a jury in a libel action to give directions to that jury in relation to the matter of damages. Commentators have heralded the new provisions as a solution to the uncertainty surrounding that issue of damages and the legislation will give a statutory basis to the principle that the parties may make submissions on the subject to the Court. However, whether the Irish Courts will permit counsel or Judges to go as far as to suggest figures to juries and make comparisons with other awards will depend on the Supreme Court and whether it is prepared to dilute the central role that the jury has traditionally enjoyed in the quantification of damages. The fact that the Bill does expressly permit the Supreme Court to substitute a figure for damages on appeal may go some way to resolving the problems associated with judge’s inability to give guidance to juries on appropriate amounts. Until now the Supreme Court has declined to substitute a figure, preferring to send the matter back for retrial.

The new legislation is in the interests of both the public and also the media because it enables newspapers to offer an apology without risking an admission of liability, and to defend libel actions by arguing that a story was in the public interest. Also welcome for media organisations is the reduction of the limitation period from 6 years to 1 year. Other key changes include the distinction between libel and slander being abolished and allowing the cause of action to survive death of the plaintiff.