Defamation (Amendment) Act 2026: Key Changes for Businesses in Ireland

The Defamation (Amendment) Act 2026 has brought about some of the most significant reforms to Ireland’s defamation laws since 2009. Most of the changes came into effect on 1 March 2026 and have important implications for businesses, retailers and insurers.

Key Changes

The Act introduces a new serious harm test for corporate bodies. A company bringing a defamation claim must now show that the publication has caused, or is likely to cause, serious harm to its reputation. For profit-making companies, this will generally require evidence of serious financial loss. This is likely to make it more difficult for companies to pursue claims where the alleged reputational damage is limited or difficult to demonstrate.

The Act introduces a defence for retailers and their staff when making reasonable enquiries as to whether goods or services have been paid for, requesting proof of purchase, or advising that a means of payment cannot be accepted, provided the communication is not excessive and is made in circumstances where the person has a duty or legitimate interest in making the enquiry.

In addition, the Act strengthens the existing offer of amends procedure and places greater emphasis on the parties’ conduct when considering costs.

The Act also abolishes juries in High Court defamation actions. This is expected to bring greater predictability to defamation litigation and may assist in reducing the time and cost involved in resolving disputes.

What Should Businesses Bear in Mind?

Businesses considering a defamation claim should carefully assess whether they can satisfy the new serious harm test before commencing proceedings.

Where a business is faced with a defamation claim, it should investigate the matter promptly. Where appropriate, an early correction, apology or offer of amends may help resolve a dispute without the need for litigation and may be relevant to the court’s approach to costs.

A Word of Caution for Retailers

While the new defence provides additional protection, retailers should review their policies and staff training procedures to ensure enquiries relating to suspected shoplifting are conducted appropriately and professionally.

For more information please contact Sarah Bruen or Bernard King.

The content of this article is provided for information purposes only and does not constitute legal or other advice.