Pat Rabbitte (Dublin South West, Labour)

Unfortunately, it is unlikely that we will get to section 39. I know of the case which the Deputy has raised, and it is a terrible experience for any family to have endured. Unfortunately, it is virtually impossible to libel the dead and, as a result, this family finds itself in these appalling circumstances. The media outlets in question are not prepared to offer an apology.

I agree with the Minister's comments on the innovation of the apology and so on. To consider the defence of fair and reasonable publication, that is a major change in ease of the media organisations. Against that background, it seems the section we are discussing only presumes a position where an apology is likely to be made. If an apology is likely to be made, it can be inferred that the original piece was inaccurate, wrong or defamatory.

I take the Minister's point that it could be a matter of tactics but since the apology is contemplated, it has to mean that an apology is forthcoming because what was written was untrue or defamatory. Under the new dispensation, where it does not carry an admission of liability, why should there not be a requirement that an apology be provided as speedily as possible? There is no doubt that 99% of those involved in public life would make do with an apology but it is important that such an apology be provided quickly. I accept that we are discussing cases where actions have commenced, etc. However, it seems that inclusion of the term "as soon as practicable" would be a reasonable imposition in respect of those on the media side.

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