Alex White (Labour)

I know, but it could be the unintended effect of what the Senator has in mind.

I welcome the Government amendment and the language in the Bill. Senator O'Donovan raised the question of justification and was concerned that we would move from it to truth. The Minister was right to state that they are the same. The 1961 Act uses the word "truth" in seeking to explain what it means by "justification".

The terms "justification" and "fair comment" have other meanings in everyday language and it is right for this legislation to set them aside once and for all. When we use the term "fair comment" in everyday conversation, we mean something distinct in a colloquial sense. Over the years, we have imported that phrase into law, but it has unfortunately not helped. I know from direct experience of trying to explain to people what "fair comment" means that, from a legal perspective, it has always meant honest opinion. It is right to codify the meaning in legislation and refer to it for what it is, namely, the expression of an honest opinion or an opinion honestly held. We should remove the term "fair comment" from our descriptions of these matters in the same way we have replaced "justification" with what was always meant, namely, "truth". I welcome the section's clarity of language, which is carried through in the Government amendment.