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
Ms Karyn Harty:
On the Cathaoirleach's point about reform and what the committee is going to hear in a couple of weeks' time, a point that will be made relates to section 26 and the complexity of understanding the provisions of it. Our media clients have a concern that juries get confused by the complexity of the different factors that are put to them. That is something the committee will hear about. It is a valid point and something that points to a more simple section 26 that could be achieved. The analogy I use in the office is the Fr. Ted's car scenario where it has been tapped at so many times it is now unrecognisable and overcomplex. Section 26 as it currently stands is a bit of a Fr. Ted's car. It is important to bear in mind - this goes back to a point made right at the start - that when we have amending legislation, we can overcomplicate things and that makes it very difficult for people to understand. This is an illustration of that, so I would strip it back to a simple public interest-type defence. We would not then have the same issues with the jury struggling with understanding the concepts.