May 30, 2025: Former Sinn Fein leader Gerry Adams outside the Four Courts in Dublin as the jury deliberates in his libel case against the BBC.Getty Images
The long wait for reform of Ireland’s much-criticised defamation laws will be over by summer, a minister told Extra.ie on May 31.
It comes as Cabinet members privately described the €100,000 in damages awarded to former Sinn Féin leader Gerry Adams as "shocking."
Ireland’s defamation laws, which have been denounced by the EU, international press bodies, and free speech groups, were brought into focus again this weekend after the former Sinn Féin president and reputed IRA Army Council member was awarded the six-figure sum by a High Court jury.
Mr. Adams took the successful defamation action against the BBC after he claimed a "Spotlight" programme, and an accompanying online story, defamed him by alleging he sanctioned the killing of former Sinn Féin official Denis Donaldson, in which he denies any involvement.
Senior Government sources expressed surprise at the outcome, noting that it has been stated in several parliaments, by former IRA colleagues and by respected authors, that Mr. Adams is a long-term member of the paramilitary organisation.
Minister of State at the Department of Justice Niall Collins said the Defamation Bill 2024 will be passed by the Oireachtas before the summer recess. The legislation is currently at the third stage, the penultimate stage in the passing of a Bill.
The legislative changes were introduced under the previous administration, and the current Coalition immediately restored the Bill to the Dáil after November’s election.
Mr. Collins told Extra.ie: "I was only at a meeting in the department last week where we discussed the progress of this important Bill. I am certain it will pass before the summer recess, which is only two months away.
"We are deeply cognisant of its importance and the requirement to end the practice of juries making decisions on complex defamation law. That will end by July."
Another minister said: "We are sure that the jury in this case came to their conclusion in the best faith, but it brings into focus our need to bring this Bill to end the practice of juries adjudicating on complex defamation trials as soon as possible."
A senior Government figure said "it would have been more appropriate if Mr. Adams had been awarded a penny" – the fate experienced by former Taoiseach Albert Reynolds after he "won" a libel case against the Sunday Times in 1996.
On top of the €100,000 in damages to the former Sinn Féin leader, the BBC is also facing a reputed €3m legal bill. However, the broadcaster is expected to appeal.
The Defamation (Amendment) Bill, which is part of a sweeping reform of Irish media law, describes its primary function as a "Bill entitled an Act to provide that defamation actions in the High Court shall not be tried with a jury."
Rather than specifically defending the media, the Bill states that it is "protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings ('Strategic lawsuits against public participation') in so far as it relates to defamation proceedings."
In essence, the legislation will seek to prevent "vexatious" legal actions. It is commonly held by media organisations and free speech advocates that Ireland’s defamation laws encourage vexatious lawsuits. The amendment would bring complex defamation cases more in line with commercial courts, where judges adjudicate evidence and decide on damages.
Mr. Adams’s victory made headlines across the world; the respected Economist magazine wrote of the "chilling impact" of his court win.
*This article was originally published on Extra.ie.