Chapter 5 of 7 · Newspapers and broadcasters · 3 of 3
The public interest defence after the Defamation (Amendment) Act 2026: fair and reasonable publication under s.26
Checked 9 October 2026, Defamation Act 2009 as amended.
Since 1 March 2026 the s.26 defence has three parts: public interest, a reasonable belief that publication was in the public interest, and good faith. What a publisher must show, and how to respond.
Written for both sides: the paragraphs say which apply to whom. This guide covers the Republic of Ireland.
The defence of fair and reasonable publication on a matter of public interest is the part of Irish defamation law that journalists, broadcasters, councillors and campaigners search for most since the Defamation (Amendment) Act 2026, because the Act rewrote it. This guide is for the person written about first: what the defence means for you and how you can respond. Publishers, from a national newspaper to a community page, have their own section further down.
What s.26 is
Section 26 of the Defamation Act 2009 gives a defence to a publisher who can show that a statement, even one that turns out to be false, was published fairly and reasonably on a matter of public interest. It is the defence that protects reporting in the public interest when the other defences do not fit: truth (s.16) needs the statement to be proved true, honest opinion (s.20) only covers opinion, and qualified privilege (s.18) needs a duty or interest between speaker and recipient.
Since 1 March 2026 the defence has been simplified to three elements. The publisher must show:
- that the statement was on a matter of public interest;
- that the publisher reasonably believed publication was in the public interest; and
- that the publisher acted in good faith.
The earlier version of s.26 was longer, and the 2026 Act simplified it. Law-firm commentary is the source for the wording used here, and the section numbers should be checked against the Act itself. Which version applies to a statement published before 1 March 2026 is a question for a solicitor.
The Act was signed on 19 February 2026 (No. 2 of 2026). The commencement order, S.I. No. 61/2026, was made on 24 February 2026, and most provisions came into force on 1 March 2026. Everything that has and has not commenced is tracked at the rule-change tracker.
How s.26 sits beside the other defences
| Defence | Section | What the publisher has to show | Does it cover a false statement? |
|---|---|---|---|
| Truth | s.16 | That the statement is true | No |
| Absolute privilege | s.17 | A fair and accurate report of court proceedings, since 2026 including courts in Northern Ireland and elsewhere | Yes, within its scope |
| Qualified privilege | s.18 | A duty or interest in making the statement to someone with a duty or interest in receiving it; lost on malice | Yes, unless malice |
| Honest opinion | s.20 | That it was opinion, honestly held, on facts that were there | Covers opinion, not fact |
| Fair and reasonable publication | s.26 | Public interest, reasonable belief that publication was in the public interest, good faith | Yes, if all three are shown |
The last column is the point. Section 26 is the defence for a publisher who got something wrong but went about it properly. That is why it matters to anyone written about: a story can be false, damaging and still defended. The defences guide covers each of the others in detail.
What "public interest" means here
The Act does not list what counts as a matter of public interest, and the court decides on the facts of each case. This guide does not try to define it.
The defence is not limited to journalists. Anyone who publishes, a blogger, a councillor speaking outside a privileged setting, a residents' association page, a campaign group, can rely on it if the three elements are shown. Equally, anyone written about by any of those publishers may meet it as the answer to a complaint.
If you are the person written about
This section is for the person who has been the subject of a report or a post that its publisher says was in the public interest.
Ask for a right of reply and a correction, in writing. Set out what is wrong, what the accurate position is, and ask for a correction and for your account to be published. How the publisher responds to that request is itself evidence of how it approached the matter, and bears on good faith. Keep the request and the reply.
The Press Ombudsman, for member publications. The route is free: write to the editor first, then to the Office of the Press Ombudsman within three months of publication. It is conciliation first, then a decision, and it cannot run alongside court proceedings. The newspaper complaint guide sets out the steps.
The broadcaster and Coimisiún na Meán. A written complaint to the broadcaster within 30 days of the broadcast, then referral to Coimisiún na Meán within 14 days of its reply. The broadcast complaint guide has the detail.
Court. A defamation claim must be brought within one year of the cause of action accruing, extendable to two years only where the interests of justice require it and the prejudice to you of refusing would significantly outweigh the prejudice to the publisher (Statute of Limitations 1957, s.11(2)(c) and (3A)). The s.26 defence bears directly on two of the remedies the 2026 Act changed. A declaratory order (s.28) now requires you to show the publisher has no defence likely to succeed, so a credible s.26 defence can stand in its way. A prohibition order (s.33) is now available only where the court finds the statement defamatory and no defence is likely to succeed, so the same applies. A correction order (s.30) must since 2026 have the same or similar prominence as the original. Damages follow the Supreme Court's bands in Higgins v Irish Aviation Authority [2022] IESC 13, from moderate (€0 to €50,000) upwards; the register at the awards register lists what has been reported.
What this means in practice is that a claim against a publisher who can show the three elements is a claim against a defence that may succeed, with costs following the event if it does. A solicitor would look at the publisher's conduct before, during and after publication before advising on court. The truth, no names and allegedly guide covers the related question of a publisher repeating someone else's allegation.
If you are the publisher
This section is for the newspaper, broadcaster, website, councillor or page admin who published a statement and is relying, or expects to rely, on s.26.
What you must show. All three elements: public interest, reasonable belief that publication was in the public interest, and good faith. The defence is yours to make out.
What the evidence looks like. Notes made at the time of why the matter was in the public interest. The steps taken to verify the statement, and who was asked. Whether the subject was given a chance to respond before publication, how long they were given, and how their response was handled. Whether the statement was confined to what the public interest required. Each of these goes to reasonable belief and good faith, and each is far stronger as a record made at the time than as a recollection afterwards.
After publication. A request for a correction or right of reply is part of the record the court will see. An apology is not an admission of liability (s.24). An offer of amends under ss.22 and 23 (a correction, an apology and compensation) is a defence if rejected, unless you knew the statement was false, and the court weighs conduct after an offer when fixing costs; a 10% discount on damages for an offer of amends was upheld in Higgins. The apology and offer of amends guide sets out the sequence.
The defences that sit alongside. Truth (s.16) where you can prove the statement. Honest opinion (s.20) for comment. Absolute privilege (s.17) for fair and accurate court reports. For broadcasters, the live-broadcast defence new in 2026, where reasonable steps were taken to prevent the statement. For hosts and distributors, innocent publication (s.27).
SLAPP and Part 7: not yet in force
Part 7 of the 2026 Act is the anti-SLAPP part, directed at strategic lawsuits against public participation. It provides for early dismissal, security for costs, declaratory relief and damages for abusive proceedings. It has been held back to commence together with the Strategic Lawsuits Against Public Participation Bill, whose General Scheme was published on 11 February 2026. Two sub-sections of s.21 of the 2026 Act, new ss.34M and 34N, are also not commenced.
Until Part 7 commences, a publisher facing a claim has the ordinary defences, including s.26, and the ordinary costs rules: costs follow the event, and a lodgment in court (s.29) or an offer of amends shifts the costs risk onto a claimant who rejects it and does no better at trial. A person bringing a claim is not yet exposed to the anti-SLAPP remedies. The commencement of Part 7 is tracked at the rule-change tracker.
Where this leaves you
The s.26 defence changed on 1 March 2026 and Part 7 has not yet followed it. the rule-change tracker tracks what has commenced and what has not, including the SLAPP Bill and the two sub-sections of s.21, and is the page to check before relying on anything in this guide in a letter or a complaint. If you are the person written about, the first step is a written request for a correction and a right of reply, with the Press Ombudsman or Coimisiún na Meán deadlines in view. If you are the publisher, the first step is to put together the record of why and how you published.
Frequently asked questions
What is the public interest defence in Irish defamation law?
It is the defence of fair and reasonable publication on a matter of public interest under s.26 of the Defamation Act 2009. It can protect a statement that turns out to be false where the publisher shows that the matter was one of public interest, that it reasonably believed publication was in the public interest, and that it acted in good faith. It is the defence that covers responsible reporting when truth, honest opinion and privilege do not fit.
What changed in the Defamation (Amendment) Act 2026 for the public interest defence?
The 2026 Act simplified s.26 to three elements: public interest, a reasonable belief that publication was in the public interest, and good faith. The Act was signed on 19 February 2026, the commencement order S.I. No. 61/2026 was made on 24 February 2026, and most provisions came into force on 1 March 2026. Which version applies to a statement published before that date is a question for a solicitor.
Does the public interest defence only apply to journalists?
No. Section 26 is available to any publisher who can show the three elements, whether a newspaper, a broadcaster, a blogger, a councillor speaking outside a privileged setting or a community page. The Act does not list what counts as a matter of public interest; the court decides on the facts.
Is the anti-SLAPP law in force in Ireland?
Not yet. Part 7 of the Defamation (Amendment) Act 2026, which provides for early dismissal, security for costs, declaratory relief and damages for abusive proceedings, has been held back to commence together with the Strategic Lawsuits Against Public Participation Bill, whose General Scheme was published on 11 February 2026. Two sub-sections of s.21, new ss.34M and 34N, are also not commenced. Commencement is tracked at /changes.
Can a newspaper rely on s.26 if the story was wrong?
That is the point of the defence. Truth under s.16 needs the statement to be proved true; s.26 can protect a false statement where the publisher shows public interest, reasonable belief and good faith. Whether a particular publisher can show those three things depends on the evidence of how it went about the story, including verification and any right of reply offered.
What can I do if a story about me is defended as being in the public interest?
Ask the publisher in writing for a correction and a right of reply, and keep the request and the response. For a member publication the Press Ombudsman route is free, starting with the editor and then the Office within three months of publication. For a broadcast, complain to the broadcaster within 30 days and to Coimisiún na Meán within 14 days of its reply. A court claim must be brought within one year, and a solicitor would assess the publisher's conduct before advising on it.