Brian Lenihan Jnr (Dublin West, Fianna Fail)

Public interest brings greater clarity into the law which is always desirable. Public importance does not have a term of art meaning in the law in the same sense. Apart from established case law in this area, a matter of public interest can be distinguished clearly from a matter of private interest. Public clearly connotes the concept of a zone of private interest and, therefore, increases the burden on a defendant who must demonstrate the matter is of public and not private interest. It is difficult to think of the term "importance" in the same light.

Matters not of public importance — public unimportance, so to speak — does not connote the same degree of public interest. This is an essential feature of the defence of fair comment. One cannot make an honest comment about a matter of private interest. It must be a matter of public interest for one to be entitled to express such a strong opinion. It is a more valuable safeguard to use the term "public interest",. I agree with the views expressed by Senators on this matter.