Seanad debates

Tuesday, 20 February 2007

Defamation Bill 2006: Committee Stage

 

3:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I have done a fair amount of libel law in my time and watched many other lawyers do much more than I ever did but I never heard of a case in which a secretary was sued for typing a letter. I have never even heard of a case in which there was a threat to sue a secretary for typing a letter. In respect of the definition of the term "secretary" there would be cases in which an employee, perhaps a manager or programme manager, might be asked to write a letter. I never heard of a case in which a person was sued simply because he or she was involved in the physical act of writing a letter. I am not aware of any jurisdiction that has felt it necessary to make this particular exemption in respect of secretarial functions. Accepting the amendment would, as opposed to curing an evil that has never yet come to light, give rise to further issues.

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