IE
(LRC Revised)
Statutory Text (1 Articles)
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 1 March 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Defamation Act 2009
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Residential Tenancies (Miscellaneous Provisions) Act 2026
(3/2026), enacted 24 February 2026, and all statutory
instruments up to and including the
Defamation (Amendment) Act 2026 (Commencement) Order 2026
(S.I. No. 61 of 2026), made 24 February 2026, were considered in the preparation
of this
Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
31
of
2009
DEFAMATION ACT 2009
REVISED
Updated to 1 March 2026
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Definitions.
3. Saver.
4. Repeal.
5. Review of operation of Act.
PART 2
Defamation
6. Defamation.
7. Amendment of certain enactments.
8. Verifying affidavit.
9. Imputation.
10. Defamation of class of persons.
11. Multiple publication.
12. Defamation of a body corporate.
13. Appeals in defamation actions.
14. Meaning.
PART 3
Defences
15. Abolition of certain defences.
16. Truth.
17. Absolute privilege.
18. Qualified privilege.
19. Loss of defence of qualified privilege.
20. Honest opinion.
21. Distinguishing between allegations of fact and opinion.
22. Offer to make amends.
23. Effect of offer to make amends.
24. Apology.
25. Consent to publish.
26. Fair and reasonable publication on a matter of public interest.
26A. Abolition of Reynolds defence.
27. Innocent publication.
27A. Live
broadcast defence.
PART 4
Remedies
28. Declaratory order.
29. Lodgment of money in settlement of action.
30. Correction order.
31. Damages.
32. Aggravated and punitive damages.
33. Order prohibiting the publication of a defamatory statement.
34. Summary disposal of action.
PART 4A
Additional Provisions Regarding Defamation
Proceedings Relating to Engagement in Public Participation
34A. Definitions
(Part 4A).
34B.
Defamation proceedings to which Part applies.
34C.
Information to be given to court.
34D. Security
for costs.
34E.
Application to strike out claim and appeal.
34F.
Application for declaration where application to strike out claim.
34G.
Application for declaration before, during or at conclusion of trial of action and
costs.
34H. Order for
damages in case of section 34F or 34G declaration.
34I.
Publication of certain judgments and court orders.
PART 4B
Alternative dispute resolution
34J.
Definitions (Part 4B).
34K.
Practising solicitor and alternatives to issuing of certain proceedings.
34L. Effect of
specified ADR procedures on limitation periods.
34M. Court
inviting parties to consider alternatives to certain proceedings.
34N. Factors
to be considered by court in awarding costs.
PART 5
Criminal Liability
35. Abolition of certain common law offences.
36. Publication or utterance of blasphemous matter.
(Repealed)
37. Seizure of copies of blasphemous statements.
(Repealed)
PART 6
Miscellaneous
38. Limitation of actions.
39. Survival of cause of action on death.
40. Agreements for indemnity.
41. Jurisdiction of courts.
42. Malicious falsehood.
43. Evidence of acquittal or conviction.
44. Press Council.
45. Circuit
Court identification order.
SCHEDULE 1
Statements having Qualified Privilege
PART 1
Statements Privileged Without Explanation or Contradiction
PART 2
Statements Privileged Subject to Explanation or Contradiction
SCHEDULE 2
Minimum Requirements in Relation to Press Council
Acts Referred to
Civil Liability Act 1961
1961, No. 41
Civil Liability and Courts Act 2004
2004, No. 31
Commissions of Investigation Act 2004
2004, No. 23
Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities
of Witnesses) Act 1997
1997, No. 17
Committees of the Houses of the Oireachtas (Privilege and Procedure) Act 1976
1976, No. 10
Courts (Supplemental Provisions) Act 1961
1961, No. 39
Courts Act 1991
1991, No. 20
Courts of Justice Act 1924
1924, No. 10
Defamation Act 1961
1961, No. 40
European Communities Act 1972
1972, No. 27
Irish Takeover Panel Act 1997
1997, No. 5
Statute of Limitations 1957
1957, No. 6
Tribunals of Inquiry (Evidence) Acts 1921 to 2004
Number
31
of
2009
DEFAMATION ACT 2009
REVISED
Updated to 1 March 2026
AN ACT TO REVISE IN PART THE LAW OF
DEFAMATION; TO REPEAL THE DEFAMATION ACT 1961; AND TO PROVIDE FOR MATTERS CONNECTED
THEREWITH.
[23
rd July
, 2009]
BE IT ENACTED BY THE OIREACHTAS AS
FOLLOWS
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Definitions.
3. Saver.
4. Repeal.
5. Review of operation of Act.
PART 2
Defamation
6. Defamation.
7. Amendment of certain enactments.
8. Verifying affidavit.
9. Imputation.
10. Defamation of class of persons.
11. Multiple publication.
12. Defamation of a body corporate.
13. Appeals in defamation actions.
14. Meaning.
PART 3
Defences
15. Abolition of certain defences.
16. Truth.
17. Absolute privilege.
18. Qualified privilege.
19. Loss of defence of qualified privilege.
20. Honest opinion.
21. Distinguishing between allegations of fact and opinion.
22. Offer to make amends.
23. Effect of offer to make amends.
24. Apology.
25. Consent to publish.
26. Fair and reasonable publication on a matter of public interest.
26A. Abolition of Reynolds defence.
27. Innocent publication.
27A. Live
broadcast defence.
PART 4
Remedies
28. Declaratory order.
29. Lodgment of money in settlement of action.
30. Correction order.
31. Damages.
32. Aggravated and punitive damages.
33. Order prohibiting the publication of a defamatory statement.
34. Summary disposal of action.
PART 4A
Additional Provisions Regarding Defamation
Proceedings Relating to Engagement in Public Participation
34A. Definitions
(Part 4A).
34B.
Defamation proceedings to which Part applies.
34C.
Information to be given to court.
34D. Security
for costs.
34E.
Application to strike out claim and appeal.
34F.
Application for declaration where application to strike out claim.
34G.
Application for declaration before, during or at conclusion of trial of action and
costs.
34H. Order for
damages in case of section 34F or 34G declaration.
34I.
Publication of certain judgments and court orders.
PART 4B
Alternative dispute resolution
34J.
Definitions (Part 4B).
34K.
Practising solicitor and alternatives to issuing of certain proceedings.
34L. Effect of
specified ADR procedures on limitation periods.
34M. Court
inviting parties to consider alternatives to certain proceedings.
34N. Factors
to be considered by court in awarding costs.
PART 5
Criminal Liability
35. Abolition of certain common law offences.
36. Publication or utterance of blasphemous matter.
(Repealed)
37. Seizure of copies of blasphemous statements.
(Repealed)
PART 6
Miscellaneous
38. Limitation of actions.
39. Survival of cause of action on death.
40. Agreements for indemnity.
41. Jurisdiction of courts.
42. Malicious falsehood.
43. Evidence of acquittal or conviction.
44. Press Council.
45. Circuit
Court identification order.
SCHEDULE 1
Statements having Qualified Privilege
PART 1
Statements Privileged Without Explanation or Contradiction
PART 2
Statements Privileged Subject to Explanation or Contradiction
SCHEDULE 2
Minimum Requirements in Relation to Press Council
Number
31
of
2009