THE Defamation (Amendment) Act 2026, with most provisions effective from March 1, 2026, significantly overhauls Irish defamation law to curb high costs and, notably, abolish juries in High Court defamation cases.
Key changes include empowering the Circuit Court to identify anonymous online posters, introducing a “serious harm” test for companies, and establishing new defences for “retail defamation” and live broadcasts.
Key aspects of the 2026 reforms:
Abolition of juries:Â High Court defamation cases will now be heard by a judge alone to reduce costs and ensure more consistent, lower damage awards.
- External Walls: Up to €8,000 Grant
- Attic: Up to €1,500 Grant
- Cavity Walls: Up to €1,700 Grant
- Internal Dry Lining: Up to €4,500 Grant
Online anonymity:Â The Circuit Court can now compel social media platforms to identify anonymous users who post defamatory content.
“Serious harm” test:Â Companies (bodies corporate) must prove that a statement caused or is likely to cause serious harm to their reputation to succeed in a defamation claim.
New defences and procedures:Â Simplifies the “fair publication in the public interest” defence, adds new defences for live broadcasting, and revises the “offer of amends” procedure to encourage early resolution.
Anti-SLAPP measures:Â The Act aims to prevent Strategic Lawsuits Against Public Participation (SLAPPs), which are abusive proceedings designed to silence public debate.
Venue changes:Â While the Circuit Court gains more powers, the overall goal is to make cases faster and less expensive.
These reforms, stemming from the review of the 2009 Act, shift the balance towards freedom of expression while still providing remedies for serious reputation damage, particularly impacting media, online platforms, and businesses.
– Court Reporting Scheme