Seanad debates
Wednesday, 10 December 2003
Report on Dublin and Monaghan Bombings: Motion. - Defamation: Statements.
Interestingly, and I suppose not surprisingly, many who spoke from the media and newspaper industry at the conference said this did not go far enough in their view. My view is that they have probably gone too far and I would be inclined to recommend that smaller steps and a progressive approach be taken because there has been a failure of the law to balance the right of free speech and the entitlement to good reputation. If we tilt the balance wrongly, the damage to the individual cannot be undone whereas in terms of the right to free speech, it would be fair to say that that is reasonable. If there are limitations on it because of the libel laws they should be changed, but doing it in a progressive and phased fashion means we are erring on the side of caution in the face of the individual. Our Constitution is tilted in favour of the individual, and we should recognise that.
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