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.

  1. 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.

    Oireachtas: Bills
  2. 19 February 2026 · Done

    Signed into law as No. 2 of 2026

    Signing does not change the rules: each provision starts only when commenced by ministerial order.

    Defamation (Amendment) Act 2026 (Irish Statute Book)
  3. 24 February 2026 · Done

    Commencement order made: S.I. No. 61/2026

    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.

    S.I. No. 61/2026, Defamation (Amendment) Act 2026 (Commencement) Order 2026
  4. 1 March 2026 · Now

    Most provisions in force

    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.

    S.I. No. 61/2026, Defamation (Amendment) Act 2026 (Commencement) Order 2026

Part 7 of the 2026 Act: anti-SLAPP provisions

Enacted, commencement awaited

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.

  1. 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.

    S.I. No. 61/2026 (Commencement) Order 2026
  2. 11 February 2026 · Now

    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.

    Department of Justice, Home Affairs and Migration
  3. Date not yet known · Ahead

    Bill published and passes the Oireachtas

    Tracked through the Oireachtas open-data API.

    Oireachtas: Bills
  4. Date not yet known · Ahead

    Part 7 commenced

    Needs a further commencement order with an S.I. number. Only then does the rules config on this site change.

    Irish Statute Book: statutory instruments

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.

  1. 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.

    S.I. No. 61/2026 (Commencement) Order 2026
  2. Date not yet known · Ahead

    Commenced by a further order

    Not yet made.

    Irish Statute Book: statutory instruments

Coimisiún na Meán individual complaints mechanism

Provided for, not yet open

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.

  1. 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.

    Online Safety and Media Regulation Act 2022
  2. Date not yet known · Now

    No launch confirmed

    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.

    Coimisiún na Meán

Press Council Code of Practice: first full review

Under review in 2026

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.

  1. 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.

    Press Council of Ireland
  2. Date not yet known · Ahead

    Revised Code published

    The builder's principle list is updated when it is.

    Press Council of Ireland

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.

  1. 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%.

    Courts Service: annual reports
  2. 13 July 2026 · Now

    Annual Report 2025 published; defamation table not yet extracted

    First job of the awards-register routine: read the defamation table and add the 2025 figures to the series.

    Courts Service: annual reports

Latest developments

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.

    S.I. No. 61/2026, Defamation (Amendment) Act 2026 (Commencement) Order 2026
GuideWhat “fair and reasonable publication” now means, and the anti-SLAPP rules still to comeRead →