Seanad debates

Wednesday, 28 February 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I remember the incident mentioned by the Minister and was here when the Minister delivered his speech as Gaeilge. He was commended by all sides for taking the opportunity to use the Irish language, which should be used more often. I also saw the subsequent newspaper article. The article illustrates a certain prejudice, by either the paper or the reporter.

That was not an isolated incident. Many times people have opinions and use the press to promote those opinions. They are entitled to do so but that opinion may sometimes be defamatory or damage somebody. If that happens, there is nothing in the Bill to deal with that or to correct or give consolation to the person damaged or injured by those opinions. It is in that regard that we are going too far.

I remember attending a conference in Belfield which was initiated by the Minister on the area of defamation and privacy. I found it interesting and, if I recall correctly, the NUJ spokesman stated there was a lowering of standards. A person from our neighbouring island who was present said standards there had demonstrably been reduced over a considerable length of time. How can we impose standards on the recalcitrant elements of the media if this legislation makes it almost prohibitive for anybody to pursue a case on defamation? I have serious concerns in this regard.

I accept there is a need to modernise the legislation in this area. However, we should distinguish between allegations of fact and opinion and I agree with what Senator Maurice Hayes said in that regard. Can we not get to a stage where we provide for statements of fact in reporting so that we will get reporting of the facts? If somebody wants to give an opinion, let it be in another article, but let it be known that it is an opinion and let them be free to do that. Where both fact and opinion are mixed, stories are not generally in the interest of getting the truth to the public, which should be the primary objective of newspapers.

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