Oireachtas justice committee says a judge should have the final say on damages in High Court defamation actions but juries should continue to hear them. Photograph: Chris Maddaloni/Collins
Other recommendations include for simplification of the public interest defence in defamation cases and for defamation to be actionable only if special damage is proven. As part of its scrutiny, the committee heard submissions from interested parties, including retired High Court judge Bernard Barton, who managed the High Court’s defamation list over several years; the Bar of Ireland; the Department of Justice; media organisations; the National Union of Journalists; and an umbrella group for organisations opposing SLAPP litigation.
Other recommendations include for introduction of a system that specifically incentivises the use of mediation and other forms of alternative dispute resolution.
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