Seanad debates

Tuesday, 6 March 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

3:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

Amendment No. 20 effectively follows on from the proposed amendment No. 17 by seeking to add an extra condition in pleading the defence of fair and reasonable publication that a reasonable effort had been made to obtain and publish the plaintiff's version of events. I have a certain understanding of the thinking behind the proposed amendment. However, I hold the view that seeking to add this particular condition is being too prescriptive and, if not met, should be a reason for automatic failure of the defence. It is of a different nature from the other conditions in subsection (4). Therefore, I oppose the amendment.

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