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

This section proposes an amendment to section 17 of the Defamation Act. That section sets out what is protected by the defence of absolute privilege. For instance, any statement made in this House is absolutely privileged. No matter what Deputy Carthy were to say about me, even if it were grossly defamatory, if I issued proceedings against him he would get the proceedings struck out on the basis that that was said in Dáil Éireann, where absolute privilege applies. Also, the list in section 17 includes statements made in open court by a witness or on affidavit. The purpose of the amendment is to extend that in order that it applies not only to courts established by law in the State or established under the law of Northern Ireland but also to those established under the law of any other state or place. The reason for section 17 is to give protection to people who report on what happens in areas of absolute privilege. If anybody writes about what happened here tonight, they are fully protected. Similarly, however, if they were to write about what happened in a court in the United States or produce an accurate report of a court in Afghanistan, or any country around the world, the journalist would be protected because that is a statement that was made in a court of whatever the country is. It is a fair protection for somebody who reports accurately what was said in a court established in another country. We generally have respect for court systems that operate in other countries. Even if we do not respect those courts, however, we still should be entitled to report what findings that court reached in respect of a decision that was before it, even though we do not support the state itself.

I therefore do not share Deputy Carthy's concerns. This is a reasonable protection. It is a reasonable extension of the defence of absolute privilege, and individuals should be entitled to report on and repeat what was stated in a court established under the law of any other state or place.

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