Ireland's libel laws condemned as threat to press freedom

(stock photo)

Allison Bray

December 12 2017 02:30 AM

The World Association of Newspapers and News Publishers (WAN-IFRA) is demanding that the Government expedite changes to this country's defamation laws in order to protect the freedom of the press.

The association's board endorsed a resolution at its meeting in New York, calling on the Government here to "implement without delay, changes to reduce or eliminate the threat posed to freedom of expression by its current defamation regime".

The association, which represents the press in 120 countries, said it noted "with dismay" that damages awarded by the Irish courts in defamation cases were often 10 times higher than in neighbouring jurisdictions.

It cited the 2014 case in the Supreme Court when an award of €1.25m was made to communications consultant Monica Leech following a series of articles published in the 'Herald' in 2004 which were found to be libellous.

That award was reduced from the €1.87m which had originally been awarded to Ms Leech in 2009 following a jury trial at the High Court.

In its appeal of the original award, lawyers for Independent News and Media, publisher of the Irish Independent, argued that the award was so disproportionately high that it should be set aside.

They also argued that the massive pay-out had a "chilling effect" on freedom of the press.

Read more: Traditional and social media 'not on level defamation playing field'

The WAN-IFRA resolution "reiterates the importance of a free, independent and vibrant press holding governments and the powerful to account, unhindered by repressive defamation laws".

It said: "The board acknowledges the need for laws to protect from unjust attack the reputation of individuals. However, it endorses the oft-stated view of the European Court of Human Rights that unpredictable and excessive awards of damages and legal costs have a chilling effect upon the media and upon the right of the public to be informed of issues of significance."

The then-tánaiste and justice minister Frances Fitzgerald announced that the Department of Justice would begin a review of the Defamation Act 2009 in November 2016.

It had originally been due to start in July 2014.

NewsBrands Ireland, which represents print and online national newspapers, has argued that high awards threaten the very existence of the Irish media.

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