Protesters Speak Out Against Proposed Irish Anti-SLAPP Laws
Ireland's Defamation (Amendment) Bill 2024, currently before the Seanad, has come under fire from a coalition of advocacy groups and academics who argue that it fails to meet the minimum standards and protections required by the EU Anti-SLAPP Directive.
The coalition, which includes the Ireland Anti-SLAPP Network, Index on Censorship, RTE, the National Union of Journalists, the Irish Council for Civil Liberties, ARTICLE 19, and the Committee to Protect Journalists, issued a joint statement on 9 July. They contend that the Bill is too narrowly focused on defamation alone and does not sufficiently incorporate the wider scope of protections against Strategic Lawsuits Against Public Participation (SLAPPs) in line with the EU Directive.
Critics argue that the Bill neglects areas like copyright and data protection, procedural safeguards, and the imperative to uphold free speech comprehensively. Dr Francesca Farrington, convener of the anti-SLAPP research hub and lecturer at the University of Aberdeen, stated that the Dáil has failed to fully transpose the minimum standards and protections required by the Directive.
Dr Eoin O'Dell, associate professor of law at Trinity College Dublin, described the anti-SLAPP provisions as "so grudging that they will be impotent in practice". The coalition noted that Ireland is legally required to implement the full set of minimum standards and protections from the EU Anti-SLAPP Directive by May 2026.
The Bill's limitations extend to its omission of several key features found in the EU directive, such as provisions for third-party interventions, security for damages, reversal of the burden of proof, and protection against SLAPPs initiated from outside the EU. The coalition welcomed the application of anti-SLAPP provisions to domestic defamation proceedings but noted that the Bill does not fully implement Ireland's legal requirements under the EU Anti-SLAPP Directive.
Measures intended to widen access to justice, such as those mentioned in the joint statement, have been omitted from the Bill. In its current form, Part 7 of the Bill only replicates selected aspects of the EU directive, not the full set of minimum standards and protections.
The government has not provided a clear explanation of how it intends to extend protections beyond defamation. Jessica Ní Mhainín, head of policy and campaigns at Index on Censorship, criticized the Bill for offering inadequate protection to SLAPP defendants.
The coalition's concerns are not without consequence. If the Bill does not meet the EU's standards, Ireland could face possible legal action at EU level. The legislation is warned to be "impotent in practice" and could potentially trigger infringement proceedings by the European Commission.
As the Bill moves through the Seanad, the coalition calls for a comprehensive review and amendment to ensure that Ireland fully transposes the EU Anti-SLAPP Directive, upholding the principles of free speech, access to justice, and protection of public interest.
- The coalition, made up of various groups including the Ireland Anti-SLAPP Network, Index on Censorship, RTE, and others, has expressed concern that Ireland's Defamation (Amendment) Bill 2024 does not sufficiently incorporate the wider scope of protections against Strategic Lawsuits Against Public Participation (SLAPPs) as required by the EU Anti-SLAPP Directive.
- The coalition contends that the Bill neglects areas like copyright and data protection, procedural safeguards, and the imperative to uphold free speech comprehensively, failing to meet the minimum standards and protections required by the EU Directive.
