Maurice Hayes (Independent)

That should be respected. At the same time, we are not putting journalists, writers or others in a different position from the rest of the public when giving a defence of good faith because what is it but mens rea? It is the intent to commit the crime or whatever. There must be a good faith defence in that case as in this one.

We tend to concentrate on the press and on the media but there are other forms of publication. I was very concerned with a case involving a politician in Northern Ireland, who is no longer alive, which caused a history book by a reputable historian to be pulled because of one reference in a paper that had stood unchallenged for years. There must be a provision which allows for a defence in those cases.