Seanad debates

Tuesday, 6 March 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

3:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

Like Senator Norris, I am not a legal professional. It is often to my disappointment as it would have been a far more lucrative profession to have pursued. Settlements of this nature rarely come out of the blue. They usually follow some consultation and negotiations between the legal parties on both sides. If a person takes a case, the primary objective is the restoration of his or her reputation. I cannot see any circumstances why the media, the defendant, would offer compensation unless there is a clear acceptance that what was published was wrong.

In that scenario, I am looking for an acknowledgement for the ordinary person who initiates a case. It is not just the compensation but the apology and correction must be combined in settling a case. In other cases where settlements are made, negotiations take place on the issues. If one side believes the other side will not agree, a lodgment is made. In a case of defamation, there must be attachment of an apology which I assume is the main purpose of taking a case.

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