Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I shall deal with section 18 when we get to it. On amendment No. 8, I did not catch the reason given earlier for deleting "in accordance with section 16(2)". What effect does that have on the interpretation by the courts of qualified privilege? I should have thought section 16(2) gave some clarity as regards how that might be interpreted. I wonder about its implications, which are not immediately obvious to me. The original referred to an opinion based on allegations of fact in which the defence of qualified privilege in accordance with section 16(2) would apply. In effect, qualified privilege is being qualified by section 16(2). Now we have removed that reference to section 16(2) and I wonder that the import of that will be.

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