ARTICLE · 18 APRIL 2023

Defamation Law Reform Takes Major Step Forward

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The Draft General Scheme of the Defamation (Amendment) Bill (the "General Scheme") was published on 28 March 2023.

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TheDraft General Scheme of the Defamation (Amendment) Bill (the "General Scheme") was published on 28 March 2023.

This legislation has been drafted on foot of the comprehensive Report of the Review of the Defamation Act 2009, which was published by the Department of Justice last year. That report made wide-ranging recommendations for defamation law reform, including that measures be taken to avoid disproportionate awards of damages; to introduce a quicker and more efficient method of redress and to provide clearer protection for independent journalism. Significantly, the General Scheme provides for the abolition of juries in High Court defamation actions, widens the power of the courts to make "Norwich Pharmacal" (i.e. identification) orders in respect of anonymous publishers to the Circuit Court, and introduces a statutory Notice of Complaint process in the context of online defamation and takedown requests.

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