New Defamation Regime Set To Come Into Operation

The Defamation (Amendment) Act 2026 (Act) has been signed into law, following its passing by both houses of the Oireachtas earlier this month. Furthermore, the Minister for Justice, Home Affairs and Migration has now signed the Defamation (Amendment) Act (Commencement) Order 2026 (Commencement Order), which provides for the commencement of the majority of the provisions of the Act from 1 March 2026.

Key Reforms

The new regime will significantly transform the landscape of defamation law in Ireland (see our video from June 2025 discussing the proposed changes contained in the then bill). Key reforms are as follows:

Abolition of juries in High Court defamation cases

Future defamation proceedings in the High Court will be heard by a presiding judge sitting alone, with juries removed from the process. The rationale for this change is to minimise legal costs and delay by reducing the length of hearings and to tackle disproportionate awards.

Identification of anonymous online posters

The Circuit Court will have express statutory jurisdiction to order intermediaries to identify anonymous posters of allegedly defamatory content, broadening access to this remedy beyond the High Court.

Defences

The Act contains a simplified publication in the public interest defence, clarifying the factors a court will consider, including the publisher's reasonable belief that publication was in the public interest.

New statutory defences for transient retail defamation, which will provide a defence to retailers where proof of payment is requested (but will not apply if the retailer does not act in good faith or the statement is published disproportionately), and in respect of live broadcasting, where precautions were taken but a third party makes the statement on air.

"Serious harm" test for bodies corporate

A statement about a body corporate will not be defamatory unless its publication has caused, or is likely to cause, serious harm. For profit‑making bodies, serious harm will generally require serious financial loss.

ADR and "offer of amends"

The Act includes measures to encourage alternative dispute resolution and a revised offer of amends procedure to expedite resolution and reduce costs and delay.

Anti‑SLAPP framework

Safeguards in the Act to deter and dispose of strategic lawsuits against public participation (SLAPPs) include provisions for early dismissal, security for costs, enhanced costs orders and potential damages for targets of SLAPPs. This part of the Act is not subject to the Commencement Order and instead, it will align with the provisions of a separately published General Scheme of a standalone SLAPPs Bill. The bill mirrors the Act's protections for application in non‑defamation civil proceedings and will finalise Ireland's transposition of the EU Anti‑SLAPP Directive.

What Happens Next

The Act has now been formally enacted, giving statutory effect to the most significant reforms of Irish defamation law since the Defamation Act 2009 was introduced.

This reform package is intended to reduce legal costs and delays for all parties involved in defamation proceedings, while maintaining a careful balance between the right to a good name and the constitutional right to freedom of expression. Whether these aims are realised will be closely monitored by all stakeholders, the new regime will reshape the defamation landscape for individuals, media organisations, retailers, digital platforms and corporate entities.