The Memo: Former Sinn Féin leader successfully sues BBC over documentary allegation

After a four-week jury trial at Dublin High Court, former Sinn Féin leader Gerry Adams was awarded €100,000 (£84,000) in damages after the BBC’s Spotlight documentary alleged his involvement in the 2006 murder of Denis Donaldson. The documentary, which was aired in 2016 alongside an accompanying article, featured an anonymous source, ‘Martin,’ who alleged that Adams had sanctioned the killing of the Donegal man. Donaldson was shot and killed mere months after admitting he had been an MI5 agent for over 20 years. The Real IRA later claimed responsibility for the murder. 

In England and Wales, defamation cases are seen as a balancing act between Article 10 and Article 8, i.e. the right to freedom of expression and the right to private and family life, respectively. However, many claimants prefer to sue in Ireland rather than in England as it is considered more claimant friendly. This is largely due to the fact that there is no ‘serious harm’ threshold, which is not the case in England and Wales under the 2013 Defamation Act. This means that, in contrast, plaintiffs in both Ireland and Northern Ireland do not need to prove that their reputation has actually been harmed in order to proceed with legal action. 

Adams’ jury trial would be considered usual in England and Wales, since the 2013 Act also abolished the presumption of jury trials. That said, the main issue that the Dublin High Court’s jury was asked to consider was whether the BBC had acted “fairly and reasonably” and “in good faith.” The verdict suggests that the jury did not believe the broadcaster met these criteria, even though the BBC claims that there was strong public interest in broadcasting the story. However, it’s also worth noting that Adams’ award is significantly lower than the sum he initially sought from the BBC, but legal bills for both sides are rumoured to be as high as £4.2 million. 

So, what does this mean going forward? The verdict has led many to predict defamation reform in Ireland, with various justice committees already calling for the introduction of a serious harm test. As it stands, the Defamation (Amendment) Bill 2024 has reached the committee stage in the Oireachtas (parliament) and is awaiting scrutiny by members of the Dáil (lower house). It is believed that, if this bill replaces the Defamation Act 2009, Irish defamation law will more closely resemble that of England and Wales with the abolition of jury trials and the introduction of the serious harm threshold. 

It’s certainly possible that this victory could have a significant impact on the legal landscape in both the UK and Ireland, particularly when it comes to journalistic freedom and integrity. It’s a clear example of the careful balance needed between press freedom and personal reputation, and how the law is constantly evolving. If you want to read more about defamation law, you can check out our handy little practice area guide here.