Alliance for Insurance Reform urges Senators to amend Defamation Bill
Flora Crowe, Alliance Board member
The Alliance for Insurance Reform has recently called on Senators to amend the Defamation Bill, which is coming before the Seanad, warning that the legislation in its present form does little to protect small and community businesses from vexatious defamation claims.
Ireland has more defamation cases than England and Wales, and on a population basis, the rate here is about sixteen times higher. While these cases are often portrayed in the media, the reality is that a large volume of these claims affects local retailers, corner shops, and businesses in the tourism and hospitality sectors.
“Everyday moments — like asking for proof of purchase (a receipt) — are spawning costly defamation claims that small shops can’t afford,” said Flora Crowe, grocery store owner and Alliance Board member.
“The Bill needs targeted amendments so that genuine reputations are protected and community businesses aren’t forced into unfair settlements.
“We’re asking Senators to make those changes now so that small businesses can focus on serving their customers, promoting employment, and protecting their business, not fighting off costly and unfair litigation.”
Dubious claims can be brought with often limited risk to the claimant, while the business — even if it successfully defends itself — is frequently unable to recover its legal costs.
This forces insurers to settle many suspect claims and drives up premiums for small businesses already struggling with the cost of doing business.
The Alliance is urging Senators to introduce amendments that will give small businesses real protection.
Chief among these is a safeguard for routine retail interactions (such as asking for proof of purchase).
This would allow genuine cases to proceed while preventing everyday interactions from sparking costly claims and ensuring the law is fair and proportionate.
“These reforms would not deny access to justice or confer immunity from prosecution,” Ms Crowe added.
“They would simply filter out low-level or opportunistic claims while ensuring genuine grievances can still proceed.
Without these changes, small community businesses will remain unfairly exposed to costly litigation and higher premiums.”
