Seanad debates

Wednesday, 5 December 2007

Defamation Bill 2006: Committee and Remaining Stages (Resumed)

 

1:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I have some reservations about this amendment as it may be lowering the bar. The thrust of my argument on this Bill is not to allow that to occur. I appreciate what was said by the legal Members about public importance. However, the terms "the opinion related to a matter of public interest" may not necessarily mean it is in the interest of the public. There may be a legal connotation. Public interest could just be a curiosity and, therefore, I am concerned a defence could be mounted with only a low level of proof.

I stand to be corrected but the term "public importance" is clear. In a legal setting it might not be as well defined as I interpret it to be. Public interest could be anything, however, even the result of last night's match. I am not convinced by the substitution of the terms "public importance" with "public interest". I do not want to split hairs on it but it is fundamental when it gets to court as to the level and threshold for the judicial assessment of whether it was correctly done.

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