Ms Susan McKay:

I thank the committee and Chair. I am accompanied by Mr. Rory Montgomery, chairperson of the Press Council of Ireland. When it comes to questions, he can also take them. The Press Council of Ireland provides a readily accessible complaints handling service, to allow readers of Irish newspapers and online publications to make complaints about press coverage. Complaints are assessed by the Press Ombudsman for breaches of a code of principles, the most frequently cited of which is truth and accuracy. Independence is our hallmark. It is the basis on which we ask for the trust of the public. We were set up in 2008 after the then Government looked set to introduce statutory press regulation. The Press Council is independent of Government, and of the press industry. A majority of its members are appointed by public competition. The Press Council in turn appoints the Press Ombudsman, who is then independent in her decision making capacity. We are, then, a non-statutory body. However, in the area of defamation, we are recognised in statute under section 44, Schedule 2 of the Defamation Act (2009), which requires us to ensure freedom of expression and to protect the public interest. This status confers qualified privilege on our decisions.

Our structures were expressly set up to offer the public a route to redress, which did not involve litigation. In our submission to the review of the 2009 Act we stressed the need to ensure that the public knows we offer a free and fast alternative dispute resolution system, and we are pleased that the new Act will require solicitors to inform persons, considering suing, of this. The new law will formally recognise online publications, many of which are already members of the Press Council. It interestingly also opens the possibility for online publications by broadcasters, which are currently and anomalously unregulated, to join the Press Council. The Press Council agreed in March 2023 that it is open to this proposal subject to discussions with Coimisiún na Meán and broadcasters and the resolution of practical issues. The Press Council and Office of the Press Ombudsman recognise and respect the rights of citizens of this country to go to law to defend their good name. Using our process does not preclude prior or subsequent legal action. Defamation cases can only be brought on certain narrow grounds, whereas our code is wide ranging and supple. When the High Court in the North struck down a recent defamation case brought by a politician in the strongest terms, the subject of the failed defamation claim, the northern freelance journalist Malachy O'Doherty, commented that the court had delivered "a quare slap on the gob" to the litigant and his party. You won't get "a quare slap on the gob" from the Press Council of Ireland and the Office of the Press Ombudsman if you are found to have breached our code. Nor will you get a hefty legal bill. Our service is free to all and does not impose financial penalties. We are as concerned as our members about the dangers that defamation suits pose to freedom of expression. The industry must also be able to provide funding for our service. If the press holds power to account, it is not in the public interest to risk bankrupting it. We are campaigning to encourage public figures, including politicians, to use our alternative redress system. By doing So they will acknowledge their respect for democracy.