New Law Abolishes Juries and Unmasks Anonymous Online Posters

As of today, 1 March 2026, the landscape of libel law has shifted significantly with the commencement of the Defamation (Amendment) Act 2026. Following the signature of a commencement order by Jim O’Callaghan, Minister for Justice, Home Affairs and Migration, the majority of the legislation’s comprehensive reforms are now legally binding. The most transformative change introduced is the abolition of juries in High Court defamation cases, a move long debated by legal experts aimed at reducing the unpredictability of awards and streamlining the judicial process.

Cracking Down on Online Anonymity

In a direct response to the digital age, the Act empowers the Circuit Court with statutory jurisdiction to issue orders identifying individuals who post defamatory material anonymously. This provision provides a clear legal pathway for victims of online abuse to unmask their tormentors. Additionally, the legislation introduces a ‘serious harm’ test specifically for corporate bodies, raising the threshold for businesses seeking to sue for reputational damage and filtering out trivial claims from the court system.

New Defences and Future SLAPP Protections

The Act also modernises defences for publishers and broadcasters. It simplifies the defence of fair publication in the public interest and introduces statutory protections for ‘retail defamation’ and live broadcasting incidents. Furthermore, the new rules strongly encourage alternative dispute resolution, revising the ‘offer of amends’ procedure to facilitate settlements outside of court. However, provisions regarding Strategic Lawsuits Against Public Participation (SLAPPs) under Part 7 of the Act have not yet commenced. The Department of Justice has paused this section to ensure it aligns seamlessly with the forthcoming Strategic Lawsuits Against Public Participation Bill, which will complete the transposition of the EU Anti-SLAPP Directive.