The Strategic Lawsuits Against Public Participation Bill 2026 (the “SLAPP Bill”) was introduced into the Irish parliament on 1 July 2026.
It represents Ireland’s implementation of Directive (EU) 2024/1069 (the “Anti-SLAPP Directive“) and applies broadly to civil and commercial proceedings. It is aimed at protecting journalists, activists, and ordinary citizens as well as organisations from baseless, intimidating lawsuits designed to silence them (rather than to obtain justice). It empowers the court to swiftly dismiss meritless claims and to make costs and damages awards against the plaintiffs, as well as granting declaratory relief.
Whilst the safeguards in the SLAPP Bill do not apply exclusively to defamation proceedings, in the context of defamation specifically, the SLAPP Bill supersedes and significantly expands upon the anti-SLAPP provisions that had been introduced by Part 7 of the Defamation (Amendment) Act 2026, which were withheld from commencement pending the introduction of this more comprehensive framework. You can read more on the Defamation (Amendment) Act 2026 in our previous article.
Until now, Irish law provided no dedicated toolkit to address SLAPPs and the SLAPP Bill is directed at changing that.
What are SLAPPs?
SLAPPs are legal proceedings that are not brought for the purpose of genuinely exercising a right, but rather to prevent, restrict or penalise “public participation”.
“Public participation” is broadly defined as:
“the making of any statement or the carrying out of any activity by a person in the exercise of the right to freedom of expression and information, freedom of the arts and sciences, or freedom of assembly and association, and any preparatory, supporting or assisting action directly linked thereto, and which concerns a matter of public interest”
The definition of a “matter of public interest” is also broad and includes fundamental rights, public health, safety, the environment, activities of public figures in the public or private sectors, matters under consideration by legislation, executive or judicial bodies and allegations of corruption and fraud.
SLAPPs frequently exploit an imbalance of power between parties and can take many forms, including:
- multiple proceedings initiated by the same plaintiff or associated parties in relation to similar matters;
- intimidation, harassment or threats by a plaintiff, or their representatives, before or during proceedings; and
- the use of bad-faith procedural tactics, such as delaying proceedings, abusive forum shopping or discontinuance at a late stage.
While defamation is one of the most common forms of SLAPP, SLAPPs can also come in a variety of forms including environmental protection, corporate whistleblowing, public interest journalism, exposure of political corruption, data protection, privacy, intellectual property and harassment claims.
Framework of the SLAPP Bill
The SLAPP Bill is divided into four parts, with Parts 2 and 3 containing the main operative sections.
Part 2 transposes the Anti-SLAPP Directive into Irish law and applies the anti-SLAPP framework to civil and commercial proceedings generally, with defamation proceedings addressed separately under Part 3.
Part 3 amends the Defamation Act 2009 by inserting a new Part 4A with parallel provisions specific to defamation proceedings that go beyond the provisions that had been included in the Defamation (Amendment) Act 2026.
What are the key procedural protections included in the SLAPP Bill?
The SLAPP Bill introduces a suite of interlocking procedural protections for defendants who believe that they are being subjected to abusive proceedings on account of their public participation. The core mechanisms are as follows:
- Notification to the Court: This is an early stage notification mechanism that allows the anti-SLAPP framework to be engaged from the outset, as where a defendant is of the view that proceedings issued against them are on account of their engagement in public participation, they are required to inform the court of this.
- Third-party participation: A court seised of qualifying proceedings may, in its discretion, permit a person or body with a legitimate interest in safeguarding or promoting the rights of persons engaging in public participation to make written and oral submissions and to provide assistance to the defendant. This enables civil society organisations and press freedom bodies support defendants in appropriate cases, although notably funding assistance is expressly excluded (which aligns with Ireland’s current position on third party funding).
- Security for costs and damages: On application by a defendant, a court may require the plaintiff to provide security for the defendant’s costs and for any damages claimed by the defendant, where the defendant has established a prima facie case that the proceedings are abusive.
- Application to strike out as manifestly unfounded: A defendant may apply to strike out an alleged SLAPP claim as manifestly unfounded and courts are required to act expeditiously in determining such applications.
- Declarations of abusive proceedings: A defendant may apply for a declaration that the proceedings amount to abusive court proceedings against public participation (alongside or independently of the strike out application). When making such a declaration, the court can, insofar as it considers it appropriate, take the declaration into account when making an award of costs and may, if it thinks fit, “order the costs to be paid as between legal practitioner and client or on a legal practitioner and own client” basis. This is likely to act as a deterrent against the bringing of abusive proceedings.
- Damages for abusive proceedings: Where a declaration of abusive proceedings is made, the defendant may additionally apply for an order that the plaintiff pay damages for the injury, loss or damage suffered as a result of the proceedings. This mechanism goes beyond the costs deterrent and recognises that abusive litigation itself causes harm (financial, reputational and personal) to its targets.
Proceedings with cross-border implications
There are two provisions addressing the cross-border dimension of abusive litigation.
- First, Irish courts are directed not to recognise or enforce judgments from third countries in proceedings that would have been considered abusive court proceedings against public participation, or manifestly unfounded, had they been initiated in Ireland.
- Second, where an Irish-domiciled defendant is sued in a third-country court on account of their public participation, they may apply to an Irish court for a declaration that those third-country proceedings are abusive and for compensation in respect of the costs and damages incurred. This is designed to prevent circumvention of Irish anti-SLAPP protections.
What does this all mean for SLAPPs in the future?
The SLAPP Bill offers a materially strengthened toolkit for defendants. For the first time, there is a dedicated mechanism for challenging abusive proceedings at an early stage, for shifting costs risk on to plaintiffs (including on an indemnity basis) and for obtaining relief in the form of a declaration as well as damages.
For claimants, there are new risks to be aware of. A claim that is characterised as a SLAPP, even in part, may expose the claimant to security for costs applications, adverse costs orders on an indemnity basis and an award for damages in favour of the defendant. Also, the prospect of a public judgment available online presents a reputational consideration.
The date of implementation for the SLAPP Bill to be made into law has yet to be confirmed. However, The Minister for Justice signed the Defamation (Amendment) Act (Commencement) Order 2026 on 25 February 2026 which provides for the commencement of the majority of the provisions of the Defamation Act 2026 from 1 March 2026. The commencement of Part 7 of the Defamation Act 2026, which contains the anti-SLAPP provisions, will be aligned with the commencement of the provisions of the SLAPP Bill.
However, the deadline for Member States to transpose the Anti-SLAPP Directive was 7 May 2026 and consequently, the European Commission initiated infringement proceedings against Ireland and thirteen other Member States on 15 July 2026, issuing a letter of formal notice to those governments. The letters of formal notice constitute the first stage of the infringement procedure under Article 258 of the Treaty on the Functioning of the European Union. The Member States concerned have two months to submit their observations and notify the European Commission of the measures adopted to ensure full compliance with the Anti-SLAPP Directive. In the absence of a satisfactory response, the European Commission may decide to proceed by issuing a reasoned opinion.
If you would like to discuss any of the matters addressed above, please contact Disputes and Investigations partners Julie Murphy O’Connor, Michael Byrne, Connor Cassidy, Ruadhan Kenny, Maeve Delargy or your usual Matheson contact.
With thanks to Niall McCarthy for his assistance with this article.
