Seanad debates

Wednesday, 10 December 2003

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

 

Another area which perhaps needs further study by the Law Reform Commission or some other body is the question of defamation of the recently dead. I hope the Minister will not dismiss this point out of hand until I develop my thoughts on it. One cannot damage in a financial sense someone who is dead. I am not talking about damages but a person's reputation can be very precious, particularly to one's nearest and dearest, including one's brothers, sisters, children and, as applies to a few cases, parents and close relatives. We need a system whereby the reputation of a person who is recently dead can be cleared. It would have to be carefully drawn up. I refer to where malicious, false accusations and allegations – I am not talking about value judgments which is a different issue – are made with impunity against a person. What I have in mind is not that one would be able to seek damages as such, but that one would be able to seek the clearance of such a person's name and questions of legal cost might arise. There would be no pecuniary interest for the person making the complaint, but there could be some pecuniary cost in the sense of legal fees. This matter is worthy of consideration. I accept it would need to be looked at carefully and would not be easy to address.

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