Dermot Ahern (Louth, Fianna Fail)

Section 16(2) is essentially a restatement of the existing law in respect of the defence of justification which is now known as truth. It is an important provision in that it provides that a defence shall not fail if some of the details of this statement are found to be untrue as long as the substantive issue is proven to be true. The defendant must prove that the defamatory imputation was in substance true, or not materially different from the truth. The Deputy's concerns about this provision as stated on Committee Stage are unfounded. The Law Reform Commission stated in its report that it considered it very important that the law should make clear that a failure to prove minor details would not necessarily be fatal to the defence. It emphasised, however, that the test applied to each defamatory imputation. This view was reflected in the recommendations of the legal advisory group on defamation which formed the basis for this Bill. While I can understand what the Deputy is saying it probably would leave everything strictly to be proved and reflects the existing law of justification. Subsection (2) states:

...the defence of truth shall not fail by reason only of the truth of every allegation not being proved, if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining allegations.

Ultimately it is for the court to decide on these issues and to balance the substantive part of the allegations and whether it is defamatory.

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