Seanad debates

Wednesday, 6 December 2006

Defamation Bill 2006: Second Stage

 

12:00 pm

Photo of David NorrisDavid Norris (Independent)

The electorate is perfectly entitled to get him but one must consider the degree of malice sometimes shown by newspapers.

I am worried that the proposed press council will not be independent. A group that calls for independence for everybody else does not like independence for itself and is governed by weak guidelines. Let us operate a code similar to that applied by the British NUJ whose code of conduct states: "A journalist shall mention a person's age, race, sex, colour, creed, illegitimacy, disability, marital status, or sexual orientation only if this information is strictly relevant." I do not see such a stipulation in the Bill. Some newspapers continually refer to the sexual orientation of individuals.

I am not impressed by the proposed press council or press ombudsman, as they will not be fully independent. I accept, however, that the Minister has appointed good people to both bodies, starting with the former Provost of Trinity College Dublin, Tom Mitchell. Who knows who will be appointed chairman under the next Administration? To answer the Minister's question, Tom Mitchell could tell him that Trinity College has a fully independent regulator, the appeal to the visitor. I am always happy to supply information to address deficiencies in the Minister's knowledge. As I do not often get the opportunity, it is a particular pleasure for me to do so when the occasion arises.

The defence of reasonable publication worries me. Reference was made to a celebrated case in which a jury of the people awarded a significant amount of money. This is not what happened. The newspaper in question returned to the courts for a second cut and continued to defend all the lies being told. We are supposed to be in sackcloth and ashes because the jurors, in their wisdom, tripled the original award. I will not second guess the people.

Qualified privilege will be given a statutory basis in the Bill. An English court held that Albert Reynolds was libelled on this basis and he was awarded a farthing or shilling.

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