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Guide to the Global Leaders in Media Law Practice

REGIONS WE COVER

Middle East and North Africa

North America

Asia-Pacific

Western Europe

Central and Eastern Europe

The outlook for Ireland’s media industry is generally positive. Whilst the new defamation regime has yet to be enacted, 2024 has seen some interesting judgments and the trend towards international media litigation and regulation continues.

The Defamation (Amendment) Bill 2024, published in August 2024, proposes amongst other reforms to abolish juries, introduce protections against abusive anti-SLAPP proceedings in defamation actions and impose new obligations to advise parties of applicable alternative dispute resolution. The new government has signalled its commitment to passing the legislation in the coming months, although certain amendments remain up for debate (e.g. to make Norwich Pharmacal Orders more accessible and clarify the defence of fair and reasonable publication).

The global nature of online content brings jurisdictional challenges. The High Court recently refused an application to stay proceedings in Ireland, finding the plaintiffs had a ‘strong connection’ to Ireland and noting their action would be time barred in the US, thereby denying them access to justice in both jurisdictions, were the application granted (Ganley v CNN [2025] IEHC 62).

Interesting judgments from 2024 include:

Casey v McMenamin [2024] IEHC 705, where a High Court judge awarded EUR140,000 for a defamatory post regarding refugee accommodation, assessing harm in the “medium range” and considering the moderate number of followers and reposts.

Gilroy v O’Leary [2024] IEHC 349, clarifying that the date from which ‘time begins to run’ in a defamation action involving a video posted online, is the date from which the video was ‘first capable of being viewed or listened to’ on the internet.

Mackin v O’Brien [2024] IECA 43, where the Court of Appeal overturned a High Court ruling striking out defences of truth and honest opinion, indicating the Court could exercise its discretion to allow the defendant remedy a defective pleading.

The trend towards increased media regulation continues; the European Media Freedom Act entered into force on 7 May 2024, and the new rules will be fully applicable from 8 August 2025. It aims to protect media pluralism by promoting editorial and journalist independence, improving transparency and safeguarding against unjustified online content removal.

Coimisiún na Meán’s Online Safety Code was published in October 2024. It applies to designated ‘video sharing platforms’ headquartered in Ireland, under the Online Safety and Media Regulation Act 2022. In 2024, the High Court refused two designation challenges by video sharing platforms, who must abide by the Code or risk significant fines.

Written by

Audrey Byrne & Jaime Flattery

McCann FitzGerald