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. S?amus Dooley:

It is significant. The language used by Master Bell within the judgment was more significant. It is also timely in that there is a review of defamation law in Northern Ireland. The serious harm test applies to England and Wales but does not apply to Northern Ireland and that is one of the issues. We have been looking at a submission on defamation law in the North and, specifically in the area of strategic litigation, we would look for it to be outlawed the same as it is here.

The issue highlighted in both cases the Deputy referred to and in other cases is the targeting of freelance journalists and the vulnerability they feel. One of the issues we cannot underestimate the impact of, and obviously cost is huge, is the time it takes and the pressure it puts on an editor and on the individual journalist who has made a mistake and has that cloud hanging over them for a long time. It also has an impact on the person taking the action. The idea of litigation that lasts over a number of years and the fear of that all has an impact. When we talk about the chilling effect, if someone is suing you for libel, you will think twice before you write a story about them. You may have to if they are a public figure and the story is in the public domain, but there is an ongoing tension there between someone who has a case running and the journalist's obligation to report on them. That is not just in the case of politicians. It also applies to business people, sports people and ordinary citizens.

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