Unjust use of libel laws leads to censorship

ECPMF and fellow organisations write letter of concern over SLAPP case to the Irish government

8 September 2020

This letter was sent to:

 

Minister Helen McEntee TD, Minister for Justice

 

Minister Simon Coveney TD, Minister for Foreign Affairs and Trade

 

The European Centre for Press and Media Freedom (ECPMF), alongside the undersigned press freedom organisations, are writing to raise our concern about legal action that is being taken against the independent news outlet, the Dublin Inquirer, its co-founder Sam Tranum, and its reporter Laoise Neylon.

 

As outlined in the media freedom alert that was issued by the Council of Europe today, the Dublin Inquirer is facing a defamation lawsuit for an article it published on its website on 26 August, which reported on an eviction that had taken place in Glasnevin the previous week. Tranum, Neylon, and the Dublin Inquirer, were served with summons on 31 August.

 

We believe that this legal action is a Strategic Lawsuit against Public Participation (SLAPP), intended to intimidate and silence an independent media outlet that is reporting in the public interest. The aim of a SLAPP is not to succeed in court, but to drain their targets of money, time, and energy in an effort to discourage them from reporting further on a particular person or issue.

 

The SLAPP that the Dublin Inquirer is facing is just one example of a phenomenon that has become widespread in Europe in recent years: at the time of her death in 2017, Maltese journalist Daphne Caruana Galizia had 47 vexatious lawsuits filed against her. This year, the Council of Europe Platform for the Protection of Journalism and Safety of Journalists has recorded SLAPPs in Belgium, Malta, France, Bulgaria, Poland, and Romania – and we have reason to believe that these are just the tip of the iceberg.

 

The lengthy process and extremely high costs associated with defending a defamation case means that Ireland’s draconian defamation laws are an ideal tool with which to threaten and intimidate. Because of the arduousness of exhausting domestic measures, the European Court of Human Rights provides little practical protection to Irish journalists and media outlets. This means that small media outlets, like the Dublin Inquirer, could face closure when targeted with such legal threats and actions.

 

We therefore urge you, not only to pursue the long overdue reform of Irish defamation law, but to support the creation of robust anti-SLAPPs legislation at EU level. The European Commission has committed to considering suitable anti-SLAPP measures as part of its upcoming European Democracy Action Plan. We call on you to get behind such measures in order to bring about concrete protections – including an anti-SLAPPs directive – for freedom of expression, access to information, and ultimately our democracies.

 

Thank you in advance for your consideration of our concerns. We look forward to your response and would be glad to schedule a meeting to discuss in more detail.

Signed:

Article 19

European Centre for Press and Media Freedom (ECPMF)

Free Press Unlimited (FPU)

The Daphne Caruana Galizia Foundation

Index on Censorship

Irish Council for Civil Liberties (ICCL)

Reporters Without Borders (RSF)

Read news by categories:

Related news

Statement

Turkey: Media Freedom organisations call for action as press freedom violations surge in Turkey in 2025

READ MORE
Feature

Ukraine: Media organisations call upon President Zelensky to sign bill allowing journalist access to parliamentary committee sessions

ECPMF urges President Zelensky to sign Draft Law 11321, ensuring greater transparency and access to parliamentary committee sessions for journalists and civil society in Ukraine.

READ MORE
ECPMF

Georgia: Press freedom partners call for release of Mzia Amaglobeli, end to crackdown on free press

Press freedom organisations demand the release of Georgian journalist Mzia Amaglobeli and an end to the crackdown on media. Amaglobeli faces unjust charges and alleged mistreatment.

READ MORE
Feature

EU must not yield in protecting free speech and discriminated groups

Discover why regulating Meta and other BigTech giants is essential to safeguard free speech and protect vulnerable communities in the EU.

READ MORE
ECPMF

Open letter to Mr. Albin Kurti, President of Vetevendosje Movement and Prime Minister of Kosovo

Media freedom groups call on Kosovo’s PM Albin Kurti to reverse his party’s boycott of T7, TV Dukagjini, and Klan Kosova. Public accountability and media freedom must be upheld during elections.

READ MORE
ECPMF

Press freedom groups in solidarity with journalists and media in Georgia

International press freedom groups express solidarity with Georgian journalists amid escalating violence and attacks on independent media during Tbilisi protests.

READ MORE