Dáil debates

Wednesday, 8 July 2009

Defamation Bill 2006 [Seanad]: Report and Final Stages

 

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I do not intend to belabour the point in respect of amendment No. 9. However, use of the word "greater" would encourage certain media outlets to publish more prominent apologies. I accept that the way the section is currently worded does not prevent them from publishing such apologies but including the word "greater" might encourage them to do so. This would ensure that particular cases do not go to court. As Deputy Rabbitte stated, the vast majority of people would be satisfied with receiving an apology rather than being obliged to pursue a defamation action through the courts and having the entire matter revisited as a result. Even though the court might find in one's favour, such actions can cause untold damage because, in some people's view, mud sticks. That is probably why many of those who are defamed or libelled do not take the required action.

It is a pity we are limited by time constraints because the Minister seems to be inclined towards accepting amendment No. 10. If additional time had been available, the Bill could have been recommitted in respect of this amendment in order that the Minister might produce an alternative amendment which would meet our concerns.

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