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The law was proposed after the assassination of Maltese journalist Daphne Caruana Galizia in 2017. European Parliament

Ireland must introduce laws to protect journalists from strategic lawsuits, says new EU directive

A new EU directive, formally agreed today, directs member states to afford more rights to defendants

IRELAND MUST INTRODUCE new legislation to protect journalists and human rights advocates from forms of judicial intimidation, known as strategic lawsuits against public participation (SLAPPs), under a new EU directive.

SLAPPs are used by those in positions of power who want to silence and disturb key-elements of democracy, such as journalism and advocacy. By filing multiple lawsuits against critical voices, they waste time and resources. 

The new directive, formally agreed by the European Parliament today, outlines the minimum requirements and safeguards that member states should introduce for protecting members of the media and rights advocates.

The safeguards suggested by the directive include that a right should be given to the defendant to request and receive an early dismissal if the case is unfounded, as well as the possibility to ask the claimant to pay the estimated costs of proceedings, including legal costs and damages.

It also outlines that data on SLAPP cases should be collected by member states and the judgments of the cases should be published to the public.

The directive was proposed to the European Union after Maltese journalist Daphne Caruana Galizia was assassinated with a car bomb in 2017. During her career, Caruana Galizia uncovered many corruption scandals connected to the Maltese government.

In 2021, Malta’s prime minister stood down from his position after protests erupted on the streets over the handling of the enquiries into the journalist’s death. Caruana Galizia’s killers were jailed for 40 years in 2022.

The directive, known as Daphne’s Law, has previously been welcomed by the National Union of Journalists of Ireland, which said it should push the Irish government to take relevant steps to introduce reforms to domestic defamation law.

Under the anti-SLAPP regulations, if a defendant requests an early dismissal, it will be up to the claimant to prove that there are grounds for proceedings to continue. Often defamation cases can be long, expensive and taxing on defendants and their livelihoods. 

If it is proven that the claims are unfounded, courts may impose other penalties on claimants, such as ordering them to pay compensation for damages. 

Ireland and other member states have been given two years to introduce new domestic laws which fit into these guidelines and provide the rights to the defendants and complainants.

Forum shopping

The EU has also taken measures to avoid ‘forum shopping’ – where a claimant chooses a third-party country to file proceedings where they view their chances of success are highest.

The new directive takes steps at ensuring that third-country judgments (from countries outside of the European Union) will not be recognised if proceedings are also taken inside the EU. 

Member states will also be required to provide free legal aid to potential victims of abusive lawsuits, provide access to information on procedural safeguards, remedies and financial and psychological support.

European governments must also ensure free legal aid is provided to defendants when cases are taken outside of their home state. Member states also have two years to implement these changes.

Parliamentary President Roberta Metsola said: “With today’s historic vote, Daphne’s Law is now a reality. We promised it. We worked for it. We delivered it.”

She added that she was proud of her parliamentary colleagues and the EU’s “leading role” on the anti-SLAPP Directive to protect journalists and activists from threats and harassment.

The European Parliament approved with 546 votes in favour, 47 against and 31 abstentions.

Media cases

Cases of politicians taking legal action against media companies have hit headlines in recent years as TDs and other party representatives from across the political spectrum sought compensation over alleged defamatory claims.

The most recent of which was seen in November when defamation proceedings were issued by Sinn Féin TD Chris Andrews against the Irish Times and it’s journalist Harry McGee.

These proceedings were denounced by the Press Ombudsman, Government TDs and other members of the media.

Party leader Mary Lou McDonald defended the proceedings and rejected claims that her party were attempting to silence media and its reporting. 

When asked if it was appropriate for a politician to sue an individual journalist, she said: “I think the objective of this should never be and can never be to personalise it to an individual.”

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17 Comments
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    Mute Julie Anne Lawlor Holmes
    Favourite Julie Anne Lawlor Holmes
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    Mar 13th 2014, 8:49 PM

    34 k for a life of torment. Hardly compensation

    129
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    Mute Colette Kearns
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    Mar 13th 2014, 8:18 PM

    Legislate this legislate that, just give them the god dam medical cards NOW, do the paper work after. They deserve them.

    124
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    Mute Sam Aritan
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    Mar 13th 2014, 8:41 PM

    34k? Is that the going rate these days? I’ve seen bigger payouts for minor – and I mean minor – injuries in a car crash.

    113
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    Mute Gerry Ryan
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    Mar 13th 2014, 8:31 PM

    The government go all the way to The European courts to try and prevent Louise O’Keefe from receiving compensation, however to date, no case has been taken against any religious order for their refusal to pay compensation to victims.
    Says it all really.

    96
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    Mute Dara O'Brien
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    Mar 13th 2014, 8:53 PM

    And the victims of institutional abuse continue to be abused by our wonderful institutions …

    I really hope that there is a heaven and hell.

    82
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    Mute cutsie
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    Mar 13th 2014, 9:29 PM

    What an insult to these women. Nobody cares about the most vulnerable in this country.

    58
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    Mute James
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    Mar 13th 2014, 10:56 PM

    Unfortunately the nuns were not alone on this travesty, the attitude to un married women with children at that time was absolutely dreadful, everyday people treated these women like shit not just the nuns. There own family’s beat many of them up before packing a bag and sending them into the laundries.

    35
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    Mute Annette Larkin
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    Mar 13th 2014, 11:18 PM

    Whilst what your saying about the women being treated badly by society as a whole, it was directly the nuns who treated them as slaves, it was the nuns who organised the forced adoption, it was the nuns who financially benefited from the laundries. It is the nuns who refuse to apologise, the laundries weren’t just for unmarried women, young girls were sent there, often referred to the laundries by the parish priest.the church should be forced to pay whether it be through rising their taxes, there should be astronomical taxes on all church properties they have so much of it and half of it is exempted from tax. It’s a joke to the women and to the Irish tax payer

    30
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    Mute James
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    Mar 14th 2014, 12:05 AM

    Annette, you needn’t try and educate me on the goings on in the magdelene laundries, my aunt was put in there in the early 60′s she told me her story, it was heartbreaking to say the least, she always stressed that society was also in the same shoes as the nuns they weren’t just a one off, she told me how some of the sisters were quiet nice to her and they weren’t all bad, still inexcusable about the treatment of he women.

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    Mute Annette Larkin
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    Mar 14th 2014, 12:11 AM

    I am not trying to each you anything I was actually agreeing with you and how society treated the women!

    4
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    Mute James
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    Mar 14th 2014, 12:24 AM

    Annette, I apologise so, I miss interpreted you , apologies. It just makes me so mad when people come on here compiling also about people like my aunt and your mother who suffered years of neglect to get some new age begrudged fuc*er moaning about “ohh who’s paying this, why do we have to foot the bill” Jesus Christ you swear the money was being forcefully extracted from their wallets.

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    Mute Annette Larkin
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    Mar 14th 2014, 12:30 AM

    It’s Coolio, if you read down the comments further you will see that I said I didn’t begrudge the women any of the money, in fact I think the women were shafted with the pity full offers, in fact truth be known there has been changes to what was originally offered. My gripe is that the state is allowing the nuns away without paying, the tax payer of this country shouldn’t have to pay for the sins of an organisation that has such vast amounts of money! Warmest wishes to your aunt! She is a survivor;)

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    Mute James
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    Mar 14th 2014, 1:00 AM

    Annette, thanks you very much! Please tell your mother that we all are rooting for them the survivors ladies of great strength and courage, really are inspiring some of the story’s I have heard. I’m just wondering do you know if there were any statements released by any of the orders concerning money ? It would make for interesting read

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    Mute Annette Larkin
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    Mar 14th 2014, 9:44 AM

    They haven’t issued any specific statements in writing but they gave interviews to radio statements. I think one order gave a minimal statement apologising for the hurt they caused but they claimed they acted in good faith at the time, think was was the sisters of charity, my mother was in one run by the sisters of mercy who in the other hand have been an absolute disgrace to deal with. My mothers ledger entry was doctored they changed the age on the entry to make it look like she was only there for 6 months when she was there for almost 6 years, I told them I would be getting a hand writing expert to examine the entry and would be looking for the person who changed it to be charged with fraud. They then admitted that it was changed! The nuns were then and still are today a force to be tackled with. However in saying that just stand string against them, their lies will always be uncovered!

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    Mute Pete Hurley
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    Apr 23rd 2014, 11:37 AM

    Its may of been directly the nun’s, however every parent even at that time, had both a choice and the right if wanted to protect their kid’s. Its sickening to think that parents did not have the balls to fight for the kids rights.

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    Mute Sean Ryan
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    Mar 13th 2014, 8:22 PM

    These people were treated horribly but I have to ask – Who pays for this compensation?

    Me and you and future generations paying back debt bond sales of course.

    As long as the legal profession get their huge fees and the politicians get their votes that’s all that matters.

    33
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    Mute Sam Aritan
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    Mar 13th 2014, 9:34 PM

    Would a couple of pence from your wages – a once off btw – really bother you all that much?

    31
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    Mute Sean Ryan
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    Mar 14th 2014, 12:35 PM

    Yes because I did cause any harm.

    A once off? Are you for real? How many compensation deals have been dumped on tax payers over the last 3 decades?

    2
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    Mute Johnny Downes
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    Mar 13th 2014, 10:20 PM

    9 million – 250 women – average € 36,000 each . A joke and a travesty of justice. Should be € 90m at least.

    32
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    Mute Sam Aritan
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    Mar 13th 2014, 10:28 PM

    That’s assuming you’re not dead or dying. Many of the women that were awaiting compensation have already died., and continue to do so when age is factored in.

    One has to wonder if it is Government policy at this point.

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    Mute Annette Larkin
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    Mar 13th 2014, 10:48 PM

    The total budget is 65 million but that includes the money it will cost for the other support services, plus it is capped at 50,000 of a payout to the women, if they are entitled to any more they will receive it weekly but if they die before the total has been paid out the money dies with them

    17
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    Mute Trevor Beacom
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    Mar 13th 2014, 9:30 PM

    They could have the money if they stopped sponsoring all those spin offs of the magdeline laundries like ruhamna, immigrant council of ireland and the migrant council. State still paying the magdelines

    29
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    Mute Ken Fogarty
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    Mar 13th 2014, 9:49 PM

    Yes I do why should my taxes pay for something that was done in a different time and by the church.

    17
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    Mute James
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    Mar 14th 2014, 12:11 AM

    Jaysus, ken fogarty people like you are beggars belief !! A couple of Pense is coming out of your pocket for this and I mean PENCE it’s not as if your wages are being docked. Theses women went through torture, the church should be paying as well but the state had a massive part to play in all this giving these women a few thousand is by far the least that could be done. Im Truly sorry that your money had to go towards them though, never mind anyway most of the poor craters are either dead or not in good health, I sure it’s no skin off your back though.

    16
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    Mute Joseph Fitzpatrick
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    Mar 14th 2014, 8:10 AM

    i agree with you to a point ken fogarty but there was state involvment sending women to these evil places.But why should the taxpayer have to pa.y
    T
    he state should now claim this money back from the church. The catholic church has enough money they could sell some of the treasures they have in the Vatican . If it was a commercial organisation that had carried out this abuse they would be taken to the cleaners.And the perperaters would be prosecuted SO WHY THE HELL ARE THEY GETTING AWAY WITH IT??

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    Mute Sean Ryan
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    Mar 14th 2014, 3:28 PM

    @Joseph It was not the state it was the families in a lot of cases that sent these women.

    1
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    Mute Lyndsay Rehn
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    Mar 14th 2014, 12:43 AM

    If you can’t get yr complete records you get nothing even when you can prove you were there. The statements on the floor of the Dail that the women’s words would be believed is one big lie. They are not being believed and in one case I’m aware of the Commission offered a lady less than half what she was entitled to because she couldn’t prove her exit date. Not her fault the nuns, and various gov dept didn’t keep proper records. The only way really is a class action in the Court of Human Rights.

    12
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    Mute Ken Fogarty
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    Mar 13th 2014, 9:22 PM

    Where’s the money coming from?

    10
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    Mute Annette Larkin
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    Mar 13th 2014, 9:29 PM

    The state, the nuns are refusing to pay anything towards the compensation.

    34
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    Mute Dara O'Brien
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    Mar 13th 2014, 9:29 PM

    Do you begrudge it?

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    Mute Hung Xi
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    Mar 13th 2014, 9:44 PM

    Remove the tax free status from religious institutions. That should help pay.

    27
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    Mute Annette Larkin
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    Mar 13th 2014, 10:08 PM

    Me? Jesus no my mother was in a laundry for almost six years, the package if anything doesn’t reflect what they went through. However I don’t agree with the state having to pay, the church should be paying at the end of the day, the church were the ones receiving the money from the laundry

    52
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    Mute William Martin Murphy
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    Mar 13th 2014, 10:16 PM

    they should have been happy of the work when they could get it, I know what way to treat the working man or woman

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    Mute Sam Aritan
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    Mar 14th 2014, 12:05 AM

    I wish I could have spent years in a Magdalene laundry. Then I’d be on the pigs back, wouldn’t I?

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    Mute Tom Jones
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    Mar 15th 2014, 12:22 AM

    Many Children in these times, that where not in |ndustrial schools, Had a similar life of hardship.

    Let God deal with the offenders of these industrial instituations. Blood money is not the answer.

    prevention of these despicable acts from ever to happening again. is the best compensation package

    1
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