Seanad debates

Wednesday, 10 December 2003

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

 

The second issue is as to whether, if a press council is statutory, it should be Government appointed or whether it could be otherwise constituted, for example, elected or nominated by bodies or groups which would be expected to create a balanced press council. The model examined by the legal advisory group is by no means the only or most obvious model for a statutory press council. I could easily envisage a body chaired by a judge and composed of nominees of a variety of groups to reflect the different interests involved. Such a body could reflect the interests of the public, media owners and journalists. The public interest might be represented in a number of ways, one of which might be a form of proportionate selection by elected public representatives to ensure that the Government of the day could never swamp the council with its sympathisers. Other models for the composition of a statutory press council may well be suggested. Some were suggested last Monday week, including the appointment of office holders, such as the Ombudsman or others, to function ex officio.It is in vogue these days to query the principle of self-regulation. As I said at the Department's seminar, I am not convinced that self-regulation is a bad thing in a democratic society. The media are now hoisted by their own petard because they have been uncritical opponents of self-regulation without once hesitating to see what the effect of that logic would be if it were turned on themselves. I am reminded of the scene in A Man for All Seasons when Sir Thomas More is talking to William Roper about legal protections. More asks Roper if he would cut down every bush to get at the devil, to which the enthusiastic young Roper replies that he would. More then asks Roper if he cuts down every bush and the devil then turned upon him and the wind blew the other way, what protection would he then have? The media have been in a coruscating mode of attack on all forms of self-regulation but have suddenly found themselves the victim of their own logic and rhetoric. I go against the current grain and say that I believe self-regulation, in many areas, functions very well indeed and that the state need not control everything in society.

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