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 oppose the reference to "substantial mitigation" in Senator Alex White's amendment. If the article was defamatory and poorly researched in the first place those responsible should face the consequences. Senator Norris contended in an earlier debate that it should be a case of print the truth or pay the price. I fully subscribe to that. However, I have some support for the timeframes suggested by Senator Regan. Regardless of whether the time allowed should be 14 or 21 days, the important issue is that the apology should be offered as quickly as is reasonable. Some consideration should be given to this.

I fully support the comments made by Senator O'Donovan. The case he raised is a fine example of the issue at hand. It is extraordinary that no heads rolled within the offending organs of the media given that the article in question was clearly published with abandon and written without any research. That is astonishing and it tells its own story. The comparison Senator O'Donovan made is a good one. We have previously urged in this House that a provision be included in the Bill to ensure the next of kin of deceased persons have some redress when scurrilous articles are written about the latter. I am aware of the argument that we should be careful not to interfere with the proper conduct of the writing of history. However, it should not be beyond our ingenuity to afford a protection to which most people would subscribe as fair and reasonable.

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