David Norris (Independent)

The Irish Government argued:

Most importantly, they underlined that the Irish Constitution expressly protected freedom of expression and one's reputation. Central to striking a balance between these two rights was a fundamental notion of constitutional law, namely that of proportionality. It was a notion which was equivalent to the Convention concept: the applicants disagreement with this amounted to saying that the Supreme Court was mistaken or that it did not mean what it said. It was a notion which was an important aspect of Irish libel law and a significant safeguard at first (jury) and second instance in libel cases. It was consequently a key factor distinguishing the present case from the Tolstoy Miloslavsky case. The Government also emphasised that its choice of how to provide adequate safeguards fell within the State's margin of appreciation.