Joe Carey (Clare, Fine Gael)

I welcome the introduction of this legislation. The Defamation Bill was published on 4 July 2006 and had a relatively speedy passage through the Seanad. It updates the Defamation Act 1961, which was drafted in a different era. We are now living in a totally different world, with an enormous array of new media outlets, including mobile telephones and the Internet. In the 1960s there was a very limited number of media outlets.

It is important that we strike the right balance between providing for responsible journalism and protecting people's good name. The Defamation Bill provides Dáil Éireann with an opportunity to govern the area properly. I agree with Deputy D'Arcy that the privacy Bill should be introduced as soon as possible. Having listened to the contributions of other Deputies, there appears to be a consensus that the privacy Bill must be introduced as a matter of urgency if we are to arrive at the correct balance between freedom of the press and ensuring responsible journalism.

The Bill provides for a defence of honest opinion to replace a defence of fair comment. The language in section 18(2)(a) is very convoluted and should be refined. The issue of a defence of fair and reasonable comment is currently before the courts, having originated in the UK jurisdiction in the Reynolds v. The Sunday Times case. This defence allows for enormous latitude in publication of material and must be balanced by the proposed privacy Bill. The defence of fair and reasonable comment is a new theme in this Bill and is introduced on the basis of UK legislation. Should we wait until this matter is settled in court or legislate now in advance of the court decision?

Section 38 deals with the survival of a cause of action for defamation on the death of the person concerned. Deputy Tuffy referred to the difficulties in this area, particularly when someone is defamed after his or her death. The taking of a person's good name in such circumstances is malicious. We should include more provisions in this Bill to deal with this area.

I note with disappointment the resignation of Mr. John Horgan from the Press Council. Mr. Horgan lives approximately half a mile from me in Clarecastle, County Clare. He is a well respected person and it is regrettable that he would step down, particularly on a point of this nature. There must be a balance between reporting of the majority and the minority decisions. The fact that this person stepped down raises questions and it is regrettable. I believe it went unpublished in media circles and this also raises questions.

I welcome the Bill and I look forward to a frank and open debate. The legislation on privacy should also be introduced as it enjoys a consensus. This matter should be brought to a head as soon as possible. I look forward to hearing the Minister's views.

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