Seanad debates

Wednesday, 10 December 2003

Report on Dublin and Monaghan Bombings: Motion. - Defamation: Statements.

 

One of the best responses to a defamatory statement is a careful rebuttal. If anyone who makes a defamatory statement is shown to have got his or her facts wrong, he or she will lose credibility when someone responds with a hard and fast rebuttal. However, a rebuttal only works if the person is working off the same hymn sheet and he or she has the same capacity as the individual who broadcast or printed the statement in the first place. As very few people own television stations or newspapers, it is very difficult to take on the mass media. In that respect, free speech is not worth very much when one is up against the power of the media. There have been cases where people's reputations have been destroyed by media attacks. I do not know if the defamation laws are a satisfactory remedy in that regard. I do not think the person who sues for defamation manages, certainly in the short or medium term, to restore his or her good name. Most media organisations will defend and pay rather than accept they were wrong. As they have the money and the power, the individual is wasting his or her time in taking them on. This is an important issue and one on which the Minister has my blessing. There will probably be much more discussion and thought put into the process before we see the Minister in the House again with legislation on this matter.

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