Irish media law 'one of the most repressive' in the world
To mark World Press Freedom Day today, NewsBrands is once again highlighting the significant challenge posed to freedom of expression by Ireland’s defamation regime and, in particular, the level of awards made in defamation cases.
“Defamation awards are much higher here than the rest of Europe,” said NewsBrands, in a statement.
“The decision of the Supreme Court to award €1.25 million in a case which it accepted was not the most serious of defamation actions puts Ireland wholly out of kilter with its neighbouring jurisdictions. The award is 10 times higher than would have been made in the UK.”
The Supreme Court decision arose out of the €1.87m damages award made against Independent Newspapers in 2009, the highest ever such award at that time, following its publication of a number of defamatory articles about the PR consultant Monica Leech. The Supreme Court reduced the award on appeal to €1.25m.
The Defamation Act 2009 has come into force since the Leech case and it requires the judge to give guidance to the jury on damages as well as permitting the parties to make submissions to the jury in that regard.
However, Ireland is also the only country in Europe where defamation actions are heard before a jury. In Britain, trials are held without a jury “unless the court orders otherwise.” According to NewsBrands, the retention of the jury system creates delays and also a lack of certainty for publishers who have no way to ascertainpotential liability.
“As a result, many newspapers simply won’t take the risk of publishing an article,” said a spokesperson.
“This has a chilling effect on the media’s role as the watchdog of the public and is at odds with the theme of this year’s World Press Freedom Day — Access to Information and Fundamental Freedoms: This is your Right.”
