Seanad debates
Tuesday, 20 February 2007
Defamation Bill 2006: Committee Stage
4:00 pm
Jim Walsh (Fianna Fail)
My concern is that under this provision a defendant will have to make himself or herself available for cross-examination. Who will be the defendant? For example, a reporter may have taken a chance on a story that may not be well-founded. The reporter could have informed the editor that he or she was satisfied with it. If the case went to court, the reporter may not be cross-examined but the editor, who may not be in possession of all the facts that the plaintiff's lawyers may wish to flush out to prove their client's case. I accept this concern may be more relevant to the honest mistake aspect of the legislation.
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