Dáil debates

Wednesday, 17 June 2009

Broadcasting Bill 2008 [Seanad]: Report Stage (Resumed)

 

5:00 pm

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)

I will deal with them now and move them later.

Amendments Nos. 49 and 51 are minor drafting amendments, which seek to ensure consistency of language in sections 48 and 49 in respect of the compliance committee.

Amendment No. 52 in respect of section 49(24) removes the requirement for right of reply cases heard by the High Court to be heard by a judge sitting alone. Given the specialist nature of the right of reply mechanism, the amended text provides the High Court with the flexibility to use an expert assessor in coming to a decision regarding a request for a right of reply, perhaps leading to speedier decisions, a key element of an effective right of reply system. The text also provides that the High Court may make an order compelling a right of reply, make an order varying the terms of any right of reply required by the compliance committee or make an order refusing the compliance committee's application.

In respect of amendment No. 50, as proposed by Deputy Coveney, I fully understand his concerns regarding the negative impact on the family of a deceased person of the broadcast of inaccurate facts about that person. However, we have to balance those concerns against the chilling effect of any expanded statutory right of reply on the freedom of expression of the press. As such, I do not propose to accept this amendment.

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