Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I welcome the publication of the report. I agree with Deputy Howlin. I would like to see the initiation plan as soon as possible. This issue has dragged on for some time. I do not agree with the interpretation of Deputy Cairns as regards why it dragged on, but it is highly complex. The report that has been published deals with the complexity in detail, however, and I commend all those involved in it. We need to move quickly towards legislation, however, and resolving the various anomalies and challenges that were in the system.

There is an irony in this regard in the context of a country that has such fearless journalism. I refer to the work of people such as the late Veronica Guerin and many other journalists who cover the area of crime. In recent weeks, we have seen some of the bounty of that work. Various documentaries through the years highlighted corruption in business and various organisations or examined the Troubles, yet that bravery has to operate under the cloud of the current defamation laws. Editors and journalists speak of it as a cloud and an ongoing pressure. At a time when traditional media, on which we rely for truth and standards and to challenge so many aspects of life, is under the pressure it is currently experiencing, this is an anomaly that needs to be resolved. Ireland cannot be left as a kind of hub for libel tourism, as it was described as several weeks back. That is not the kind of market or reputation we need, particularly now that the UK has left the EU. This is a serious area of law but, too often, it becomes demoted to tabloid fodder. There is a current example of very serious issues of law getting degraded and demoted to headlines and silly coverage. We need to move away from that. Mr. Didier Reynders, the European Commissioner for Justice, recently stated:

Ireland’s defamation laws should be reviewed as they may suppress the ability of the media to expose corruption ... The laws are notoriously strict, providing a low bar for lawsuits against journalists and media organisations that are often used to put pressure on journalists.

When the European Commissioner is saying that about us, we need to act urgently. The European Court of Human Rights and Reporters Without Borders have made similar suggestions and statements. Ireland was recently discussed in the context of issues that are happening in Malta. That is not somewhere we need to be in this regard.

It is good that we are moving away from the jury system. We need to ensure that people have recourse to justice and the right to access it but it needs to be done in a far more efficient manner. The cost of accessing justice has to be addressed. I am intrigued as to how the whole area in respect of strategic lawsuits against public participation, SLAPPs, is being considered but there is still significant vagueness in respect of the serious harm test. There seems to be a contradiction there and I would appreciate it if the Minister were to address that point. The whole area of SLAPPs is growing. It is extraordinary that people even thought of it in the first place. I welcome the intention to introduce an anti-SLAPP mechanism.

As I stated, an awful lot of progress in this country is owed to investigative journalism. We need to ensure that we get the balance right, however. That is the challenge. We need to get the balance right in the context of the rights of citizens to defend their name if it is being impugned and also the right of access. It is true that the whole area of defamation law is currently financially inaccessible to many people. Many of the reforms proposed in the report will address some of the cost issues but those who can afford to take law cases in this area at the moment tend to be wealthy and we need to consider that as well.

Equally, we have to stand up and defend the right of a free media. We have to defend the right of journalists to ask questions, conduct hard interviews, do detailed investigative work and make hard calls based on that work, whether it be in politics, sport, social life or life generally, as we have seen in this country in recent years. Where would we be in the context of the various exposures in respect of child protection were it not for investigative journalism? Where would we be without investigative journalism in the context of the various exposures relating to the church and its dealings with children? Where would we be in respect of corruption in politics or business without investigative journalism? Many tribunals have been established on the back of investigative journalism. Unless we act quickly in respect of this report, we risk diminishing the capability of investigative journalism and weakening it to the point where it no longer has a role to play. That would be a sad and bad day for democracy.

I refer to legislation in respect of caps on damages. It is a difficult one because there is generally a tendency in this country to lead with judicial independence and guidelines, but this issue is beginning to impact on insurance costs. The book of quantum is beginning to reduce insurance costs and that needs to be considered here as well.

Most important, we need to move it on. We need to move on quickly. Let this be a priority for the Government and implemented as soon as possible. The media landscape is changing before our eyes. I have not even gone into the whole social media side of things. The way media is done is changing before our eyes. With that change comes responsibility on the part of the State to protect its citizens, but also not to act in a manner that has a chilling effect on investigative journalism and media. As we speak, the Upper House is debating the Online Safety and Media Regulation Bill. That issue and this one are aligned, as is evident from some of the comments made today in the House. I wish the Minister well but I ask her to, please, give this the priority it deserves. We have been too long waiting for it. Too many investigative institutions have gone under, albeit not as a consequence of this issue. It is however, one of the reasons journalism and the media in Ireland is such an intimidating place to be in business at the moment.

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