IRELAND

Ireland has seen significant developments in 2023 in the media sector. A substantial overhaul of the defamation regime is under consideration and a new regulatory infrastructure for online safety is in force, overseen by the newly established Coimisiún na Meán.

International media litigation continues to rise, bolstered by Ireland’s position as a European hub for online platforms. Ireland’s image as a plaintiff-friendly venue and the fact that defamatory material often involves an element of online publication, accessible in multiple jurisdictions, has contributed to this increase. However, judicial guidelines on appropriate levels of damages have tempered expectations of awards, indicating that only “truly exceptional cases” merit damages higher than €300,000 (Higgins v IAA [2022]).

Defamation and hate speech reform has been subject to continued scrutiny. The Defamation (Amendment) Bill 2023 encompasses reforms such as the introduction of ‘serious harm’ tests, provisions on jurisdiction to reduce ‘defamation tourism’, SLAPP provisions and a statutory notice of complaint process for the handling of complaints involving internet defamation. The serious harm test for corporate entities would require entities to show the defamatory statement has caused, or is likely to cause, ‘serious financial loss’ to pursue an action.

We expect an increase in the number of applications for Norwich Pharmacal Orders (NPOs) against media entities such as online platforms and social media companies, if proposed reforms to reduce costs and allow the Circuit Court (as well as the High Court) to grant NPOs are adopted.

NPOs are often used to seek the identity of an anonymous publisher of alleged defamatory material in aid of proceedings being brought against the true publisher.

The High Court recently restated the parameters for NPOs under Irish law in Blythe v An Garda Síochána [2023], involving disclosure sought to pursue defamatory social media messages.

The role of juries in defamation actions has been hotly debated. In September 2023, the Oireachtas Joint Committee on Justice suggested juries should remain but judges should be the final arbiter on damages. The final draft act is scheduled for priority publication in Spring 2024.

The DSA has also impacted the media sector and will be fully in force and applicable to all online platforms within scope from 17 February 2024 (with exemptions for small and micro-enterprises). Alternative dispute resolution is envisaged under the DSA, through out-of-court dispute settlement bodies, which can resolve disputes arising from service providers’ decisions (e.g. regarding content restrictions or account suspensions).

Audrey Byrne

Partner

McCann FitzGerald LLP

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A&L Goodbody’s media team operates under the management of the firm’s IP and technology division. Areas of specialisation include broadcast, entertainment, publishing and online media. Lawyers advise on regulation, content licensing and copyright disputes.

McCann FitzGerald’s internal collaborative approach creates broad sector and service focus. The firm has a long-standing specialisation in media defence, commercial litigation, privacy and internet liability. The team works on numerous defamation actions on behalf of a range of clients, UK- and US-based. Over the past year, the firm has advised on contractual disputes and regulatory challenges, and has worked with clients including Buzzfeed, ITN and Twitter.

RDJ’s areas of expertise include defamation, privacy and contempt of law. Lawyers acts for print, broadcast and digital media clients on media mergers, advertising, copyright and regulation.

The firm advises print, online and radio entities within the Landmark Media Group and several regional newspaper titles.

William Fry has a “strong reputation in the area of defamation”. Clients highlight the firm as one of Ireland’s leading media law practices. The team is described by clients as “thoughtful, responsive and provides pragmatic advice”. The firm advises on a range of issues including entertainment, social media and data protection. The firm acts for clients including UTV, BBC, Daily Mail Group and Sky.

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Johnsons is gaining recognition among peers, who highlight the firm for its increased visibility in media cases. The team achieved record damages for plaintiff clients while representing national newspapers and publishers. The firm also works with clients from the music, sports and entertainment industries.

Lawyers at Matheson have in-depth experience advising on libel, contempt of court, freedom of expression and privacy laws. With a dedicated entertainment and media group, the firm is widely involved in contractual and financing arrangements for feature films and television programming. The team also advises on sector-related equity and tax-based arrangements.

The media and entertainment division at Philip Lee specialises in film and television. Lawyers assist with feature films, animation series and television drama produced in Ireland. The team also advises on Ireland’s tax incentive for film and online distributed productions. The practice is recognised among peers for its high visibility in sector-related cases.

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Arthur Cox has an established media practice with cross-border capability. Working from its Belfast and London offices, the firm advises on music, film, television and advertising. The media team advised Savage Productions on the financing and production of various film and television productions. The team also assisted RTÉ Networks with regulatory aspects of third party broadcasting.

LK Shields lawyers have extensive experience advising on corporate transactions. The firm acted for Communicorp Group Limited, the largest radio operator in Ireland, in its acquisitions of foreign radio stations. In a separate case lawyers advised Alpha Newspaper Group with its acquisition of various newspapers. Other focus areas include film financing and production, music rights and defamation.

With a dedicated sports law division, Mason Hayes & Curran lawyers regularly advise broadcasters, sponsors, sports-governing bodies, investors and athletes. Related focus areas include reputation management, personality and image rights along with dispute resolution. Working from a separate TMT division, media lawyers work with leading social media and search organisations on matters ranging from first round funding and strategic outsourcing partnerships to intellectual property management.

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Beauchamps Solicitors specialises in advertising, digital media and sponsorship. The team provides advice on content, online marketing, copyright protection as well as clearance advice on advertising copy. The practice is known for transactional work, sports law and product law.

The media division at DFMG Solicitors works within the firm’s intellectual property department, focussing on film finance, privacy and sponsorship and advertising agreements. Lawyers also advise on data protection and copyright.

TIER 1

A&L Goodbody

Dentons

McCann FitzGerald

RDJ

William Fry

TIER 2

ByrneWallace

Dillon Eustace

Hayes Solicitors

Johnsons

Matheson