In a welcome development, the Defamation (Amendment) Act 2026 (the “Act”) was recently passed by both the Dáil and Seanad, and was signed into law by President Connolly on 19 February 2026.

We previously outlined some of the changes proposed to be made in respect of defamation legislation, when the Bill was initiated in August 2024[1].

The Government had committed to the passing of the legislation to ensure a balance is struck between safeguarding freedom of expression rights with the right to good name and reputation, as well as the right of access to justice. It is the first significant overhaul to defamation legislation since the enactment of the Defamation Act 2009. The Act will reform defamation law in the following main areas:

Abolition of the role of juries in High Court defamation proceedings

In a major change to the defamation legislative landscape, the role of juries will be abolished in High Court defamation proceedings. This reform aims to reduce legal costs and delays in defamation proceedings, while ensuring greater consistency throughout decisions made by the Courts. This amendment will bring the Irish system into alignment with other common law jurisdictions.

Serious harm test

Bodies corporate will be able to sue for defamation only if the defamatory statement caused or is likely to cause serious harm. The body corporate will be required to show that the defamatory statement has caused or is likely to cause serious financial loss to the entity, to meet the threshold of ‘serious harm’.

Amendments to defences

The defence of fair and reasonable publication as previously provided for in Section 26 of the 2009 Act will be amended and simplified by the new legislation. It is intended that the reformed defence will be applied more consistently than the previous iteration of the defence. The defence will arise where there is a fair publication on a matter of public interest. The defence will be available to Defendants where they can show that the alleged defamatory statement related to a matter of public interest; the Defendant reasonably believed that publication was in the public interest; and that the statement was published in good faith.

The defence of absolute privilege will be extended to where there is fair and accurate reporting of proceedings in court martials and of proceedings of courts established in Northern Ireland and other states.

The defence of qualified privilege has been amended to provide retailers, specifically, with increased protection, as no cause of action will arise where a retailer Defendant can show that the statement made was an inquiry as to whether the Plaintiff paid for the goods or services; such statement was not published excessively; and they had an interest in or duty to make such statement.

Further protection will be afforded to media outlets in the context of live broadcasting. Where a Defendant can prove that they took certain reasonable steps to prevent the publication of defamatory statements on a live broadcast, they may be able to rely on this defence.

Identification orders

A new relief will be made available in Circuit Court proceedings, providing for the identification of information by intermediary service providers where such information is otherwise unavailable to the Plaintiff. This might apply in circumstances where an anonymous poster of defamatory statements on social media is required to be identified. There are certain criteria to be met by a Plaintiff who seeks this type of order. The Court may grant the order where it is in the interest of justice and the interest for disclosing the information outweigh the interests against disclosure.  At present, only the High Court may determine these types of applications.

Strategic Lawsuits Against Public Participation (SLAPPs)

Where abusive Court proceedings or manifestly unfounded claims are issued against people who engage in public participation, it is intended that those people would be protected in such proceedings. Defendants must inform the Court of their belief that such abusive Court proceedings have issued; the Defendant may seek security for costs, seek to have proceedings struck out and/or seek a declaration that they are abusive Court proceedings; and the Court must act quickly in dealing with such matters and publishing judgments.

The General Scheme of the Strategic Lawsuits Against Public Participation (SLAPP) Bill was also recently published by Government, which mirrors part of the Act. It will transpose the EU Anti-SLAPP Directive. The General Scheme is available here[2].

Other reforms introduced by the legislation

Solicitors acting for Plaintiffs in defamation proceedings will be required to notify their client of ‘specified ADR proceedings’ before issuing proceedings. The Court will also have the right to invite parties to consider utilising the specified ADR procedures. The response by the parties to the procedures will be taken into consideration by the Courts when deciding on costs.

When deciding on costs, the Court will consider the conduct of the parties after the making of an offer of amends, if such offer is made.

Corrected statements must be of the same or similar prominence as the initial defamatory statement, where correction orders are made.

To obtain a declaratory order, the Plaintiff must show that the Defendant has no defence that is likely to succeed, as opposed to the current position requiring them to show that the Defendant has no defence.

Lodgments will no longer be required to be made at the time of filing of a Defence.

Orders prohibiting publication may only be granted if the Court is satisfied that the publication is defamatory and there is no likely defence that would reasonably succeed.

A new definition of ‘periodical’ will be introduced.

Conclusion

The passing of the Act is a very welcome development. 

This reform of defamation legislation will have a significant impact on media organisations, bodies corporate, retailers and individuals, and will increase protection for public participation and public-interest journalism. The changes have long been awaited but will require commencement orders to be made prior to any provisions being implemented.

If you require further information in relation to defamation legislation, please contact David Phelan (dphelan@hayes-solicitors.ie) or Eimear Kinsella (ekinsella@hayes-solicitors.ie).

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[1] Defamation Amendment Bill 2024 | Hayes Solicitors LLP

[2] General_Scheme_for_the_Strategic_Lawsuits_Against_Public_Participation_Bill.pdf

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