Brendan Howlin (Wexford, Labour) | Oireachtas source

This section provides that in section 17, subject to section 11(2) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997, and without prejudice to the generality, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was made in either House of the Oireachtas by a Member of either House of the Oireachtas - because Members have absolute privilege; contained in a report of a statement, to which paragraph (a) applies; made in the European Parliament by a Member of that Parliament; contained in a report of a statement, to which paragraph (c) applies; contained in a judgment of a court established by law; made by a judge, or other person, performing a judicial function; made by a party, witness, legal representative or juror in the course of proceedings presided over by a judge, or other person, performing a judicial function; made in the course of proceedings involving the exercise of limited functions and powers of a judicial nature in accordance with Article 37 of the Constitution, where the statement is connected with those proceedings; a fair and accurate report of proceedings publicly heard before, or decision made public by a court; established by law in the State or established under the law of Northern Ireland; a fair and accurate report of proceedings to which a relevant enactment referred to in section 40 of the Civil Liability and Courts Act 2004 applies; a fair and accurate report of proceedings publicly heard before, or decision made public by, any court or arbitral tribunal established by an international agreement to which the State is a party including the Court of Justice of the European Communities, the Court of First Instance of the European Communities, the European Court of Human Rights and the International Court of Justice; or made in proceedings before a committee appointed by either House of the Oireachtas or jointly by both Houses.