Defamation (Amendment) Act 2026
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PART 8 Alternatives to Legal Proceedings | ||
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Alternative dispute resolution | ||
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21. The Principal Act is amended by the insertion of the following Part after Part 4A (inserted by section 19): | ||
“PART 4B | ||
ALTERNATIVE DISPUTE RESOLUTION | ||
Definitions (Part 4B) | ||
34J. In this Part— | ||
‘proceedings’ means— | ||
(a) a defamation action, or | ||
(b) an application under section 33 or 34; | ||
‘specified ADR procedures’ means— | ||
(a) the procedures for the making of a complaint to the Press Council concerning the conduct of its members to which Schedule 2 refers, or | ||
(b) the scheme for the exercise of the right of reply prepared under section 49 of the Broadcasting Act 2009 . | ||
Practising solicitor and alternatives to issuing of certain proceedings | ||
34K. (1) A practising solicitor shall, prior to issuing proceedings on behalf of a client, where the specified ADR procedures are applicable to the medium of publication of the alleged defamatory statement— | ||
(a) inform the client of the availability of the specified ADR procedures, | ||
(b) provide the client with information in relation to the implications of engaging in the specified ADR procedures on the proceedings the solicitor may issue on behalf of the client, including implications as to costs, | ||
(c) advise the client of the implications of resolving a dispute in relation to the publication of a statement that is alleged to be defamatory of the client otherwise than by way of the issuing of proceedings including by way of the specified ADR procedures, and | ||
(d) advise the client that the specified ADR procedures are voluntary. | ||
(2) If a practising solicitor is acting on behalf of a client who intends to institute proceedings, the originating document by which the proceedings concerned are instituted shall be accompanied by a statutory declaration made by the solicitor evidencing his or her compliance with subsection (1). | ||
(3) If the originating document referred to in subsection (2) is not accompanied by a statutory declaration made in accordance with that subsection, the court concerned shall adjourn the proceedings for such period as it considers reasonable in the circumstances to enable the practising solicitor concerned to comply with paragraphs (a) to (d) of subsection (1) and provide the court with such declaration or, if the solicitor has already complied with subsection (1), to provide the court with such declaration. | ||
(4) In this section, ‘practising solicitor’ has the same meaning as it has in the Act of 2015. | ||
Effect of specified ADR procedures on limitation periods | ||
34L. In reckoning a period of time for the purposes of any limitation period under section 11 of the Act of 1957 applicable to the bringing of a defamation action, the following periods of time shall be disregarded: | ||
(a) where a complaint is made to the Press Council to which Schedule 2 refers, the period beginning on the date of the making of the complaint and ending on the date of the determination of the complaint (including, where applicable, its determination by the Press Council on appeal) in accordance with the procedures of the Press Council for the time being in force; | ||
(b) where a person exercises a right of reply under section 49 of the Broadcasting Act 2009 , the period beginning on the date of the making of a request for the right of reply under that section and ending on— | ||
(i) the expiration of a period of 21 days after the date of receipt by the requester of a decision to refuse under subsection (8) or (9) of that section, or | ||
(ii) where an application to the Compliance Committee is made under that section, the date of receipt by the person who made the application of a statement in writing of the decision of the Compliance Committee under subsection (20) of that section. | ||
Court inviting parties to consider alternatives to certain proceedings | ||
34M. (1) A court may, on the application of a party to proceedings, or of its own motion where it considers it appropriate having regard to all the circumstances of the case— | ||
(a) invite the parties to the proceedings to consider engaging in the specified ADR procedures as a means of attempting to resolve the dispute the subject of the proceedings, and | ||
(b) provide the parties to the proceedings with information about the specified ADR procedures to settle the dispute the subject of the proceedings. | ||
(2) Where, following an invitation by the court under subsection (1), the parties decide to engage in a specified ADR procedure, the court may— | ||
(a) adjourn the proceedings, | ||
(b) make an order extending the time for compliance by a party with rules of court or with any order of the court in the proceedings, or | ||
(c) make such other order or give such direction as the court considers necessary to facilitate the effective use of the specified ADR procedure. | ||
(3) An application by a party under subsection (1) shall be made by motion to the court on notice to all other parties to the proceedings and shall, unless the court otherwise orders, be grounded upon an affidavit sworn by or on behalf of the party. | ||
(4) The power conferred by subsection (1) is without prejudice to any other discretionary power which the court may exercise at any time during the course of proceedings with a view to facilitating the resolution of a dispute. | ||
Factors to be considered by court in awarding costs | ||
34N. In awarding costs in respect of proceedings in respect of which the court issued an invitation under section 34M(1)(a), a court may, where it considers it just, have regard to— | ||
(a) any unreasonable refusal or failure by a party to the proceedings to consider using a specified ADR procedure, and | ||
(b) any unreasonable refusal or failure by a party to the proceedings to attend or engage in a specified ADR procedure.”. |