On 2 July, the Dáil passed the Defamation (Amendment) Bill by 83 votes to 61. The undersigned organisations are deeply disappointed that, although the Bill contains anti-SLAPP provisions, it fails to include the robust safeguards required to meaningfully protect public interest speech. Nearly a decade after the review of the Defamation Act 2009 began, this is a frustrating outcome and a missed opportunity to protect the freedom of expression that is the lifeblood of our democracy.

The Ireland Anti-SLAPP Network – a coalition of civil society organisations, media lawyers, and academics – has engaged with the government throughout this process in an effort to improve the Bill. We had proposed three targeted amendments that would have significantly strengthened the legislation. None of these have been incorporated.

While the Bill brings in provisions that give effect to aspects of the EU Anti-SLAPP Directive – its application to domestic defamation cases is welcome – it falls short of transposing the Directive’s full set of minimum standards and protections, which Ireland is legally required to implement in full by May 2026. The anti-SLAPP provisions in the Bill apply only to defamation proceedings, even though SLAPPs frequently exploit other causes of action including privacy, copyright, and data protection to intimidate and silence public interest speech. The government has provided no clear explanation of how it intends to extend protections beyond defamation in line with its EU obligations.

The legislation also omits key components of the Directive that could have been readily included. These include provision for third-party interventions in support of SLAPP defendants (Article 9), security for damages (Article 10) and a reversal of the burden of proof (Article 12). The legislation also fails to incorporate the protections against SLAPPs initiated in non-EU countries (Articles 16 and 17). By failing to incorporate these core safeguards, the Irish government exposes itself to potential infringement proceedings from the European Commission.

The government could and should have drawn on established international best practices, including the Council of Europe’s Recommendation on countering the use of SLAPPs. This Recommendation includes vital safeguards, such as an automatic stay of proceedings while an early dismissal motion is being heard, which are designed to protect against abusive litigation. It provides clear, practical guidance for safeguarding free expression and democratic accountability. Yet the government appears to have almost entirely disregarded it.

As the Bill goes to the Seanad today, the undersigned organisations call on senators to make the necessary amendments in order to ensure that Ireland seizes the opportunity to protect freedom of expression. If the current Bill is passed into law, journalists, human and environmental rights defenders, academics, and whistleblowers will remain vulnerable to abusive litigation aimed at silencing them. 

Jessica Ní Mhainín, Head of Policy and Campaigns at Index on Censorship, said:

“It is ironic that this piece of legislation was passed in the Dáil on European Day of Action against SLAPPs because it completely fails to offer meaningful protection to SLAPP defendants. Its complex and flawed provisions risk becoming tools only accessible to those with significant legal resources — not the individuals most often targeted with SLAPPs. We need the senators to take action now to stop this inadequate Bill from being passed into law.”

Dr Francesca Farrington, Convener of the Anti-SLAPP Research Hub and Lecturer in Law at University of Aberdeen, said:

“The Dáil has failed to fully transpose the minimum standards and protections required by the Directive. At a time of great threat to democracy, the rule of law, and human rights, the government has missed a vital opportunity to champion freedom of expression and protect public watchdogs. If the directive is a floor, not a ceiling, this is somewhere in the basement, but there is still time to level up.” 

Dr Eoin O’Dell, Associate Professor of Law in Trinity College Dublin, said:

“For a reform process that started with so much promise, the Bill has been a series of missed opportunities and profound disappointments. Nowhere is this clearer than in respect of its anti-SLAPP provisions, which are so grudging that they will be impotent in practice.”

SIGNED:

Index on Censorship

Anti-SLAPP Research Hub, University of Aberdeen

ARTICLE 19 Europe

Association of European Journalists

Blueprint for Free Speech

Civic Initiatives (Serbia)

ClientEarth

Coalition For Women In Journalism

Committee to Protect Journalists

European Federation of Journalists (EFJ)

Foundation Atelier for Community Transformation – ACT, BiH

Free Press Unlimited (FPU)

Global Witness

IFEX

Institute for Mass Media – IMME (Cyprus)

International News Safety Institute (INSI)

International Press Institute (IPI)

The Irish Council for Civil Liberties

Justice for Journalists Foundation (JFJ)

National Union of Journalists

PEN International

Rainforest Rescue

Reporters Shield

South East Europe Media Organisation (SEEMO)

Spotlight on Corruption (UK)

The Daphne Caruana Galizia Foundation

The Gemini Project

Transparency International Ireland

Wikimedia Europe