Amendments to court rules have been published that will support measures introduced by the Defamation (Amendment) Act 2026 (the “2026 Act”) to promote alternative dispute resolution (ADR), as well as to extend jurisdiction to grant identification orders to the Circuit Court. The amendments came into effect on 30 September 2026 and apply to proceedings commenced from that date.
Promotion of ADR – statutory declarations confirming compliance
As mentioned in our previous article on Ireland’s defamation law reforms, the 2026 Act introduced new requirements to promote specified ADR procedures in specific circumstances. These changes mandate that, prior to issuing proceedings, clients are provided with information on specified ADR procedures where those procedures are applicable in respect of the relevant alleged defamatory statement. These new requirements took effect on 1 March 2026.
The specified ADR procedures are defined in the 2026 Act as:
- the procedures for making a complaint to the Press Council concerning the conduct of its members; and
- the scheme for the exercise of the right of reply provided under the Broadcasting Act 2009 where a person’s honour or reputation has been impugned by an assertion of incorrect facts or information in a broadcast.
Both of these procedures offer a route to remedies such as the correction and / or retraction of the statement complained of. Where available, solicitors must advise their clients of the potential benefits of these alternatives before civil proceedings for defamation are commenced.
A statutory declaration confirming that the client was so advised must be made by the solicitor and must accompany any originating court document. Order 56A of the Rules of the Superior Courts and Order 33A of the Circuit Court Rules have now been amended to provide for such statutory declarations to be filed in the relevant court office and served on defendants.
The 2026 Act provides that if no statutory declaration accompanies the originating document, the court shall adjourn proceedings to enable the solicitor to comply with these requirements. Although the 2026 Act does not provide for any express penalty for non-compliance, failure to provide the required statutory declaration could have costs consequences if the courts adopt the approach taken in Byrne v Arnold [2024] IEHC 308. In that case, failure to provide a similar statutory declaration under an analogous provision of the Mediation Act 2017 resulted in the High Court applying a 5% costs reduction.
Circuit Court identification orders
As detailed in our previous article, one of the most practically significant changes brought about by the 2026 Act was the extension of jurisdiction for the granting of identification orders (also known as Norwich Pharmacal orders) to the Circuit Court. Previously these applications were confined to the High Court. Identification orders can require intermediary service providers, or others with relevant information, to disclose identifying data about anonymous publishers of allegedly defamatory material.
Order 5C of the Circuit Court Rules has now been amended to set out a procedure for making an application to the Circuit Court for an identification order under the 2026 Act.
What other defamation reforms are expected?
The safeguards to prevent abusive defamation proceedings against public participation provided for under the 2026 Act were withheld from commencement pending the coming into effect of a more comprehensive framework under the Strategic Lawsuits Against Public Participation Bill 2026 (the “SLAPP Bill”).
The SLAPP Bill, which will implement Directive (EU) 2024/1069 (the “Anti-SLAPP Directive”) into Irish law and will apply more broadly than simply to defamation proceedings, is continuing to progress through the Oireachtas (for further discussion, see our previous article on the SLAPP Bill 2026). The deadline for Member State transposition was 7 May 2026, although at the time of writing there is no specific confirmed timeline for its enactment and commencement. We will continue to monitor for developments in the progression of this legislation.
Contact us
If you would like to discuss any of the matters addressed above, please contact Disputes and Investigations partners Michael Byrne or Connor Cassidy or your usual Matheson contact.
