Oireachtas Joint and Select Committees
Wednesday, 17 January 2024
Joint Committee on Tourism, Culture, Arts, Sport And Media
Non-court-based Conflict Resolution Mechanisms for Media-related Complaints: Discussion
Mr. Michael Kealey:
No. We are calling for the introduction of a serious harm test because there currently is not one. Without getting unduly legal about this, if something is written which is wrong and proved to be defamatory one does not actually have to prove that one has suffered any damage. The damage is presumed. What has happened in other jurisdictions like the United Kingdom is that a low bar has been introduced. This means that if someone is going to incur the enormous expense of going to court, there should be some form of serious harm that a person has suffered. That is, in effect, an attempt to try to weed out the very top and very bottom.
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