Defamation Act 2024 - Abolition of juries in defamation actions.

Ozymandius2011 · 13-10-2025 10:09PM #1

The Government is trying to abolish juries in defamation cases. I disagree with this in most cases anyway.

More positively, the bill introduces an anti-SLAAP (Strategic Lawsuit against Public Participation) law, to protect the right to criticise the rich and powerful without vexatious lawsuits.

Its currently at Committee Stage in the Seanad. The Seanad rejected an amendment to retain juries by 22-11. Opposition was a mix of Centre Left and Independents.

Link to transcript of the debate on Senator Michael McDowell's amendment, that was rejected, here.

Personally, I think the next President should refer this bill to the Supreme Court to test its constitutionality.

I have concerns that if defamation actions are not heard by a jury, the rulings may tend to favour the Establishment, from which the judiciary is drawn.

plodder · 14-10-2025 09:49AM

Whatever their faults, juries at least deal with the issue of institutional bias. A lot of people say the jury in the Adams defamation case gave the wrong verdict, but imagine if a judge or panel of three judges gave the opposite verdict. There would have been an outcry from certain quarters about it. Maybe juries should continue to decide the outcome. After all, who better to decide what is or isn't offensive to the ordinary person, than a random panel of citizens. But, maybe any award should be decided by the judge(s).

Defamation Act 2024 - Abolition of juries in defamation actions.

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