On 7 July 2025, the Courts Service published its Annual Report for the year 2024, which included key statistics concerning defamation claims in Ireland for the years 2023 and 2024. This insight examines the broader trends in defamation litigation over the past ten years and considers why defamation cases have declined in recent years and why more claimants are issuing in the Circuit Court. It will also look at trends in proceedings against online entities.
A Decade in Review: Key Defamation Statistics from 10 years of Court Service Annual Reports
Proceedings issued by year
| 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | |
|---|---|---|---|---|---|---|---|---|---|---|---|
| High Court | 182 | 212 | 133 | 152 | 186 | 157 | 156 | 109 | 104 | 68 | 61 |
| Circuit Court | 25 | 48 | 73 | 135 | 112 | 151 | 161 | 121 | 282 | 292 | 228 |
| Total | 207 | 260 | 206 | 287 | 298 | 308 | 317 | 230 | 386 | 360 | 289 |
Waiting time for High Court Jury Trial (from when a case is certified ready for hearing to the allocation of the first date for hearing before the High Court)
| 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 |
|---|---|---|---|---|---|---|---|---|---|---|
| 4 months | 4 months | 2 months | 7 months | 10 months | 12 months | 14 months | 9 months | 9 months | 64 weeks | 17 weeks |
What do the figures reveal?
Over the past ten years, annual issuing of defamation cases has generally fluctuated between 200 and 300 per year, with a sharp spike in 2022, followed by a decline in 2023 and a further decline in 2024.
- The 2022 Surge:
The notable increase in defamation cases in Ireland in 2022 (386 cases) may be attributed to a combination of factors rather than a single cause.
- Post-pandemic socialising: As COVID-19 restrictions eased almost entirely in January / February 2022 and people resumed normal social activities, the increase in person social interactions, in retail, hospitality and generally, may have led to more opportunities for conflicts and misunderstandings that might result in defamation claims.
- Rise of social media and online platforms: The pandemic accelerated people's use of social media, even those who would have shied away from it previously. Even as restrictions eased, social media remained a platform for public expression, which can often lead to defamatory comments and false accusations.
- High-profile cases: 2022 saw two very high-profile defamation cases play out in the media - the Rebekah Vardy v Coleen Rooney case (dubbed the "Wagatha Christie trial") and Amber Heard v Johnny Depp trial. These could have played a role in bringing increased awareness to defamation laws generally as could the Report on Reform of Ireland's Defamation Act which was published in March 2022 and would also have garnered some attention in the media.
- Post-2022 Decline:
Despite the continued growth of social media, there was a steady decline in defamation cases in 2023 and a further decline in 2024. However, this trend could also be interpreted as a return to normalcy, considering the spike in cases observed in 2022. While the case numbers remained relatively high in 2023 (360 cases) compared to pre-2022 levels, they resumed to more typical volume in 2024 (289 cases).
It's difficult to pinpoint any reason for the decline. People (prospective defendants) certainly seem to be more aware these days of the risks that come with posting online. The downward trend could also be reflective of cases being settled prior to proceedings issuing, for nuisance value or otherwise, given the costs of litigation can be notoriously high for defendants.
- A Shift Towards the Circuit Court:
Since 2022, there has been a marked shift toward issuing
proceedings in the Circuit Court rather than the High Court. High
Court cases are heard by a Judge (and jury if the claimant elects
to have one) and there is no cap on the damages that can be
awarded. Circuit Court cases are heard by a Judge only and damages
are capped at €75,000.
This shift towards issuing in the Circuit Court is most likely a direct result of the guidelines for damages that were set out by the Supreme Court in Higgins v Irish Aviation Authority in March 2022. These guidelines (which are set out below) take into account the severity of the defamation and their introduction means that cases that previously would have been initiated in the High Court are now more suitable for the Circuit Court:
- Moderate: €0 – €50,000
- Medium: €50,001 – €125,000
- Serious: €125,001 - €199,000
- Very Serious: €200,000 - €300,000
- Exceptional: €300,001
On a much lesser scale, the shift to the Circuit Court may also be influenced by the fact that:
- Cost differential orders are becoming more prevalent. These orders mean that plaintiffs may face costs penalties for initiating defamation proceedings in the High Court where damages awarded are below €75,000 and would have therefore been more appropriate for Circuit Court jurisdiction. In such instances, a successful plaintiff may have to discharge a portion of the defendant's legal costs (the extra expense the defendant would have incurred due to the case running in the High Court rather than the Circuit Court) in addition to only being awarded their own costs at Circuit Court level as well.
- Many defamation claims often involve defendants who do not have insurance cover for damages and costs. Claimants need to be mindful that they may well have to discharge their own legal costs at the end of the case even if they are successful and they will have to discharge the defendant's legal costs as well as their own if they are unsuccessful. In the circumstances plaintiffs may consider it more prudent to take the proceedings in the Circuit Court to keep costs down.
- The Circuit Court offers less costly and often quicker hearings, making it a more attractive forum for many claimants. High Court defamation cases tend to be more high-profile, often involving parties with "deep pockets".
- Claimants may be veering away from juries (a claimant can elect to have a jury trial in the High Court but not in the Circuit Court), as electing for a jury trial can delay cases being heard, increase costs and lead to unpredictable outcomes, particularly in terms of damages awarded. It is proposed that juries in defamation cases will be abolished once the Defamation (Amendment) Bill 2024 is enacted.
High Court Cases against Social Media Companies & Search Engines
Over the past decade, there has generally been a steady increase in High Court proceedings issuing against social media companies and search engines, including Facebook/Meta, Twitter/X, and Google, with slight dip in 2024. One would assume that most cases against these entities are taken in the High Court as opposed to the Circuit Court. While the increase is steady, the below data is certainly not so significant that it would have any meaningful impact on defamation case numbers. In fact, one cannot distinguish how many of the below proceedings are defamation claims and how many are not, albeit you would expect at least some of them to have an element of defamation / takedown relief, or Norwich Pharmacal applications to identify anonymous users.
High Court Proceedings issued against Facebook (Meta), Twitter (X) and Google
| 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 |
|---|---|---|---|---|---|---|---|---|---|---|
| 6 | 11 | 12 | 20 | 10 | 22 | 23 | 22 | 35 | 35 | 19 |
While one might expect cases against these entities to be more plentiful, particularly in more recent times, the low numbers may be attributable to the high cost in bringing proceedings against these entities. It could also be reflective of platforms now being obliged to facilitate reporting of unlawful content and deal with takedown requests in a reasonable timeframe, so that they will be protected in terms of liability.
Conclusion
The landscape of defamation law in Ireland has experienced notable shifts over the past decade. While cases surged in 2022, they certainly appear to be returning to "normal numbers" and it will be interesting to see what the next few years hold, particularly with the Defamation (Amendment) Bill 2024 making its way swiftly through the legislature.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
