Defamation Act 2009
Number 31 of 2009
DEFAMATION ACT 2009
REVISED
Updated to 1 March 2026
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
Preliminary and General
Section
1. Short title and commencement.
5. Review of operation of Act.
Defamation
7. Amendment of certain enactments.
10. Defamation of class of persons.
12. Defamation of a body corporate.
13. Appeals in defamation actions.
Defences
15. Abolition of certain defences.
19. Loss of defence of qualified privilege.
21. Distinguishing between allegations of fact and opinion.
23. Effect of offer to make amends.
26. Fair and reasonable publication on a matter of public interest.
26A. Abolition of Reynolds defence.
Remedies
29. Lodgment of money in settlement of action.
32. Aggravated and punitive damages.
33. Order prohibiting the publication of a defamatory statement.
34. Summary disposal of action.
Additional Provisions Regarding Defamation Proceedings Relating to Engagement in Public Participation
34B. Defamation proceedings to which Part applies.
34C. Information to be given to court.
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.
Alternative dispute resolution
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.
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)
Miscellaneous
39. Survival of cause of action on death.
43. Evidence of acquittal or conviction.
45. Circuit Court identification order.
Statements having Qualified Privilege
Statements Privileged Without Explanation or Contradiction
Statements Privileged Subject to Explanation or Contradiction
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.
[23rd July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: