Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

6:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I am strongly convinced of the importance of this section. I suggest to Senator Norris and others that it is not simply a question of feelings nor is it merely a matter of reputational damage, as my colleague, Senator O'Toole, described it. Incorporated bodies have been protected in our laws for a long time. The notion of the veil of incorporation in company law exists for a reason — to allow people to do business. It recognises that business is important for society by giving employment to people and so on.

I am reminded of the words of Thomas More in "A Man for All Seasons" in which he says he would give the Devil himself the benefit of the law. We must put aside our feelings about ruthless fast food companies and so on. I will use the example of a fictional company called HyperMax. If it were claimed that all the beef produced by this company was contaminated with BSE, the ensuing damage would consist not only of the hurt or reputational damage suffered by individual employees but also the commercial damage the organisation would suffer. Such acts of defamation should be actionable per se. Otherwise, it would be difficult to prove that a decline in sales, for instance, was due to the intemperate comments in a newspaper of a set of mad activists. This is why it is appropriate that this protection should be in place, not only for natural persons but also for bodies corporate. I strongly support section 11.

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