Oireachtas Joint and Select Committees

Tuesday, 20 June 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Defamation (Amendment) Bill: Department of Justice

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail) | Oireachtas source

I thank the witnesses for their contributions to this fascinating discussion. I come from the perspective of chairing the Oireachtas committee that carried out pre-legislative scrutiny of the Online Safety and Media Regulation Bill. I completely concur with Mr. Justice Barton's comments in the sense that, for the most part, there is a recognition of a sense of privacy in respect of judges and the judicial system in this country. There is a respect for not going there in terms of invading people's privacy, unlike the attitude to public representatives, whereby we are seen as fair game. Whatever people's perspective is on that, I would hate to think our judicial system might ever be affected in such a way.

Comisiún na Meán has been set up to deal with the regulatory aspect of online safety and media regulation. Mr. Doyle touched on the online safety issue in response to Senator Ruane. There has been a type of wild west situation in that regard, with people being able to say what they like and then repeat it. There is sharing of material, retweeting and all of that. Does Mr. Doyle have any more to say on that? Does he see the commission we have established having any positive impact?

A comment was made at the start of the discussion, I am not sure by whom, that the numbers are not where we might perceive them to be in respect of cases taken by the media. I was surprised by that. Do the witnesses have any further comment on this aspect?

I think it was Mr. Harty who said that the proposed Bill is really weighted in favour of the defendant rather than the plaintiff. Jury trials are a big part of the argument he is making around that. Are there any other factors to which he would refer?

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