Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I certainly will give more detailed consideration to it in light of what the Deputy said. Dealing with the two examples the Deputy gave, the local shop in most situations, I would have thought, is not a corporate entity but is just owned by the local people. Let us assume that it is a corporate entity and they decided to run the shop under the auspices of a company. Let us say somebody suggests the shop is selling produce which is out of date. That is clearly defamatory and damaging to the reputation of that company. If it was the case, however, that that did not result in any reduction in profits or any financial loss to the corporate entity, it is hard to see what is the effect of the allegedly defamatory comment. If a company is defamed, it is reflected in the diminution of the financial strength of that company and you will be able to evidence financial loss. It is a sensible decision to make that if a company or corporate body is instituting defamation proceedings, that company should be able to establish there is financial loss sustained. In many respects, this replicates the tort of malicious falsehood, which will also continue to exist after this legislation is enacted.

The Deputy also mentioned the defaming of political parties. Although I am not absolutely sure, I suspect that political parties are not corporate entities but are registered with the Standards in Public Office Commission. Maybe things are different in Sinn Féin but I do not think Fianna Fáil is a corporate entity. I could be wrong about that. Let us think of a charitable entity that is a corporation. If someone defames that charitable entity that is a corporation, we will have to see some consequence to that. The company does not have feelings in the same way as an individual does so the company will have to be able to show some financial loss or financial consequence as a result of that allegedly defamatory publication.

As I say, I will look at it again and will give it further consideration. Obviously, if the Deputy wants to bring anything forward on Report Stage, he should feel free to do so and I will as well.

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