Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

5:00 pm

Photo of David NorrisDavid Norris (Independent)

Senator Alex White is correct. I am not sure that the points made by Senator Walsh are germane. I disagree with him. I will address the point of principle that was made and with which his distinguished colleague, Senator O'Donovan, agreed, that is, the issue of giving a dog a bad name and so forth. The example given by Senator Walsh was interesting, but unfortunate from his point of view. Where a 17 year old youth had sexual relations with a 16 year old and was convicted of statutory rape, he is a rapist under the law. It may be wrong and we might believe it should not have happened — I believe we have tinkered with the law somewhat — but if he was convicted of statutory rape, he is a rapist and the newspaper has a right to call him a rapist. In that case we should examine the law on statutory rape because the problem arises in that primary legislation. It would be a very different matter if a man was convicted of riding a bicycle without a light, and the Daily Mail called him a rapist and justified it on the basis that he rode his bicycle without a light. That is a good example. If a man is convicted of statutory rape, then he is a rapist, and if we do not like that we should change the law in that regard.

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