Chapter 5 of 7 · Newspapers and broadcasters · Rule change tracker
Defamation (Amendment) Act 2026: in force since 1 March, with Part 7 (anti-SLAPP) still to commence
Checked 9 October 2026, the Irish Statute Book and the Oireachtas record.
Most of the Defamation (Amendment) Act 2026 commenced on 1 March 2026 by S.I. No. 61/2026: no juries in new High Court defamation cases, a Circuit Court power to order platforms to identify anonymous posters, a defence for shops making good-faith inquiries about payment, a serious-financial-loss test for companies, and a push towards apology and mediation. Part 7, the anti-SLAPP provisions, is held back to commence with a separate Bill. This page keeps what has commenced apart from what has not.
Key dates
Act signed
19 February 2026 (No. 2 of 2026)
Commencement order
S.I. No. 61/2026, made 24 February 2026
Most provisions in force
1 March 2026
The Department's press release says 25 February for the order; cite the instrument, which says 24 February.
What changed on 1 March 2026
No juries in new High Court cases
For proceedings issued on or after 1 March 2026 a High Court defamation action is heard by a judge alone. Cases issued before that date keep the jury election.
Identification orders in the Circuit Court
The Circuit Court can order an online intermediary to disclose who posted a statement, where the interests of justice and the interest in disclosure outweigh the interests against it. Previously only the High Court could.
Retail defence
A defence where the statement was an inquiry into whether the person had paid for goods or services, made in good faith in an interest or duty, and not published more widely than needed.
Companies must show serious financial loss
A body corporate must show the statement caused, or is likely to cause, serious financial loss. Individuals have no such test.
Fair and reasonable publication simplified
Public interest, a reasonable belief that publication was in the public interest, and good faith.
Live broadcast defence
Where a broadcaster took reasonable steps to prevent a defamatory statement during a live broadcast.
Remedies tightened
A declaratory order and a prohibition order need the plaintiff to show the defendant has no defence likely to succeed; a correction order must have the same or similar prominence as the original; a lodgment no longer has to go in with the Defence.
Dispute resolution before issuing
A plaintiff's solicitor must tell the client about alternative dispute resolution before issuing, and the court weighs each side's response on costs.
Absolute privilege extended
Fair and accurate reports of courts in Northern Ireland and elsewhere are now covered.
What did not change
The one-year time limit, extendable to two years only with the court's leave.
The Circuit Court's €75,000 limit and the costs penalty for High Court cases that recover less.
The elements of the tort in section 6 of the 2009 Act: a statement, defamatory, published to someone else, identifying the plaintiff.
Defamation is not a crime and is not covered by civil legal aid.
The defences of truth, honest opinion, qualified privilege and innocent publication, in substance.
What is being tracked
Defamation (Amendment) Act 2026 (No. 2 of 2026)
Most provisions in force since 1 March 2026
What it affects: Which court hears a case and whether a jury sits, how an anonymous poster can be identified, the defences a shop or a broadcaster can raise, what a company must prove, and the remedies and costs rules.
Date not yet known · Done
Defamation (Amendment) Bill 2024 published
The Bill followed the Department of Justice's 2022 review of the 2009 Act. Date to be recorded from the Oireachtas record.
The Department's press release gives 25 February; the instrument itself is dated 24 February and is the source cited here. It commences most of the Act from 1 March 2026 and leaves out Part 7 and two sub-sections of section 21.
Juries, identification orders, the retail and live-broadcast defences, the serious-financial-loss test, the simplified public-interest defence, the remedies changes and the ADR duty apply from this date. The rules config on this site reflects them.
What it affects: Early dismissal of abusive proceedings, security for costs, declaratory relief and damages for a strategic lawsuit against public participation. Until commenced, none of it applies to any case.
19 February 2026 · Done
Part 7 enacted but not commenced
S.I. No. 61/2026 commenced the rest of the Act and left Part 7 out, to commence with the Strategic Lawsuits Against Public Participation Bill.
General Scheme of the Strategic Lawsuits Against Public Participation Bill published
The General Scheme transposes the EU anti-SLAPP Directive. Part 7 of the 2026 Act is expected to commence alongside it. The Bill text, Oireachtas stages and a commencement date are not yet known.
Section 21: new sections 34M and 34N of the 2009 Act
Enacted, commencement awaited
What it affects: Two sub-sections of section 21 were carved out of S.I. No. 61/2026 and are not yet in force. Their effect on any case is nil until a further order.
24 February 2026 · Now
Excluded from the first commencement order
The order commences section 21 except for the sub-sections inserting sections 34M and 34N. Verify the exact carve-out against the instrument.
What it affects: Whether a person can complain directly to the regulator about harmful online content, on top of a platform's own notice route. The Online Safety and Media Regulation Act 2022 lets Coimisiún na Meán open such a scheme, children first.
10 December 2022 · Done
Online Safety and Media Regulation Act 2022 signed
Provides for an individual complaints mechanism to be introduced by the regulator in stages.
No individual complaints scheme could be confirmed as open on 9 October 2026. Until it is, the routes are the platform's DSA notice and the Garda route for crimes.
What it affects: The principles a newspaper complaint can cite. The notice builder on this site lists the current principles and will change when the revised Code is published.
Date not yet known · Now
Review under way
The Press Council announced the first full review of the Code of Practice in 2026. A revised Code and its date are not yet known.
Courts Service Annual Report: defamation proceedings issued
Published each July
What it affects: The series of defamation proceedings issued in the High and Circuit Courts shown on the awards and costs page. The 2025 report was published on 13 July 2026 and its defamation table has not yet been read for this site.
7 July 2025 · Done
Annual Report 2024 published
289 defamation proceedings issued: 61 High Court, 228 Circuit Court. The High Court share fell from 88% in 2014 to 21%.
Checked daily against the official record first. Each entry links the source it came from and says which kind it is.
9 October 2026 · Official record
Tracker started
First check of the Irish Statute Book, the Oireachtas record and the Department of Justice. Most of the 2026 Act has been in force since 1 March 2026 by S.I. No. 61/2026; Part 7 and two sub-sections of section 21 are not commenced; no Coimisiún na Meán individual complaints scheme could be confirmed as open.