Dail passes amendments to Defamation Act
The attorney general and the current Minister for Justice had suggested that there could not be a provision allowing for protection against transient retail defamation
Print7 July 2025
CSNA members will be aware that it had hoped the practice of retailers being subjected to “shakedowns ” by unscrupulous lawyers and their clients would have been addressed when the previous Minister for Justice indicated her willingness to apply a robust screening process to weed out frivolous and vexatious claims.
Those claiming to have been defamed would need to show that a serious harm had been committed.
Scrutiny
When her bill went to the committee for pre-legislative scrutiny, it was attacked by those within the legal profession for restricting the rights of people to access courts to vindicate their name.
The attorney general and the current Minister for Justice had suggested that there could not be a provision allowing for protection against transient retail defamation other than by way of availing of the defence of qualified privilege.
During the committee and report stage on Wednesday, the Minister called upon retailers to use this defence, apparently blissfully unaware of the extent of our insurers’ inclination or our pockets’ stretch.
Even when we win our case, either at the district or circuit court level, the lawyer’s tactic of appealing or threatening to appeal to higher courts places very significant strains on resolve, and the issue of costs is left to each side to meet their own.
The Minister said: “There is no point in the Oireachtas drafting defences, putting them into legislation and enacting them if people for whose benefit they have been enacted decide not to use them and take the easy option out by saying they have been advised that they should just pay over €5000 to see off a claim.
“They should fight claims.
“Part of the reason claims are encouraged is when a tendency develops not to contest claims.
“If people contest claims that are not valid, then the message will go out to litigants that there is no point in taking those claims because defendants have the statutory power to stand up to them.
“People need to avail themselves of the statutory power that, ultimately, we are going to give them.
“I am happy to discuss it with any retailers”.
In the meantime, the CSNA urges people to enquire from the broker or insurance company if a policy has cover for false arrest and defamation included, as it is aware that some insurance companies have dropped one or both of these from some shop policies in recent times.
Read more: CSNA launches new website
© 2025, ShelfLife by Laura Kelly
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