Defamation reform in Ireland in 2026

An online allegation can affect professional standing long before a claim reaches court. The Defamation (Amendment) Act 2026 changes important aspects of how reputational disputes are pursued and defended. Most provisions commenced on 1 March 2026 under S.I. No. 61 of 2026, amending the Defamation Act 2009.

Trial by judge and corporate claims

Section 4 of the 2026 Act abolishes juries for High Court defamation actions brought on or after 1 March 2026. A judge determines liability and damages. Earlier actions retain the previous position.

The substituted section 12 of the 2009 Act introduces a serious-harm threshold for statements concerning bodies corporate made from that date. A company trading for profit must establish that publication caused, or is likely to cause, serious financial loss. This new threshold does not extend to individual plaintiffs.

Anonymous online publications

Section 45 of the 2009 Act, inserted by section 22 of the 2026 Act, gives the Circuit Court jurisdiction to order an intermediary service provider to disclose identifying information about an anonymous publisher.

Disclosure requires satisfaction of statutory conditions, including that the defamation claim is likely to succeed, the information is necessary and there is no other practicable means of obtaining it. The court must balance the competing rights and interests.

Public interest and early resolution

The revised section 26 provides a defence of fair publication on a matter of public interest. It requires a matter of public interest, a reasonable belief that publication served that interest and good faith. Reasonable enquiries and checks remain relevant, subject to the statutory exception for accurate and impartial accounts of disputes.

Section 34K requires solicitors, where applicable, to advise clients about specified voluntary alternatives, including Press Council complaints and broadcasting right-of-reply procedures. Compliance must be evidenced by a statutory declaration accompanying proceedings.

Commencement and practical steps

The Act’s anti-SLAPP provisions, aimed at abusive litigation against public participation, have not yet commenced. Different transitional provisions also apply across the reforms, so the dates of publication and issuing proceedings matter.

Anyone considering a claim should preserve the exact words, screenshots, publication dates and evidence identifying the audience. Early advice can help assess available defences and the appropriate remedy.

Advice and consultations

If you have an issue concerning defamation or reputational harm, please contact me to arrange a consultation.

David Danagher BL
David.danagher@lawlibrary.ie
+353 83 396 2899

Instructions in contentious matters are accepted through a solicitor. General information on Irish law as at 16 October 2026.