Seanad debates

Wednesday, 21 March 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

3:00 pm

Photo of Martin ManserghMartin Mansergh (Fianna Fail)

I agree with some of the sentiments expressed by Senator Norris. I have a high regard for Fintan O'Toole who wrote a splendid biography of Sheridan. That is not to say I do not strongly disagree with his views on occasion. When I was a columnist with The Irish Times, I recall entering its headquarters in the company of two other journalists early in my career and one of them welcomed me to the "real establishment". When I stopped writing, one of them admitted to me that The Irish Times was a metropolitan newspaper. If one wants confirmation of this, one need only read the second editorial piece in today's edition which states there are not half enough unannounced farm inspections. I am sure this was written by someone who rarely darkens a farm gate.

I support the Minister in this matter. As far as discretion for newspaper editors is concerned, these individuals have all the time in the world before cases come to court to make apologies or issue explanations. I accept that editors may be obliged to negotiate with the person or persons to whom such apologies or explanations relate regarding the form they should take. By definition, matters such as those to which I am referring have not been resolved because they have had to come to court. Hence, there is an in-built reluctance among editors to admit that they are wrong. If that stage has been reached, there is a clear case for the courts to be quite specific in order that people will not be obliged to return to them in respect of inadequate apologies. Like everyone else, journalists are loath to admit that they are wrong, unless it is in respect of some trivial matter such as an incorrect date.

I have some sympathy with Senator Jim Walsh's suggestion regarding the carrying of apologies on the front page of newspapers. A possible compromise would be that if an apology does not appear on the front page, its presence on the relevant page of the newspaper should at least be signalled there. This would automatically mean that people could not miss the apology, unless they wanted to do so.

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