Alex White (Labour)

I am hoping for a chance to support one or other of the amendments Senator Norris has tabled very carefully to this legislation. He has given much attention to it, both on this occasion and the last, as we can see from reading the transcripts.

If we introduced the word "automatically", it would then give rise to a debate as to the circumstances in which an apology should or should not constitute an admission of liability. That would be unfortunate and would undermine the very laudable intention behind this. It seems to be an incentive for media organisations to furnish an apology and, importantly, it would bring about pressure for them to do so.

This leads to my amendment. I have heard the Senators' concerned comments, especially those of Senator Walsh, regarding the use of the term "substantial mitigation". Perhaps I might reconsider the term before Report Stage. We are in the business with this discussion of incentivising or pressurising media organisations into furnishing apologies in an expeditious manner. There is only a very short moment after the publication of a defamatory statement when it really makes a significant difference to an aggrieved plaintiff that an apology be published in respect of him or her. An impact is made only in that short time.

Putting a timeframe in place, be it 14 days or something marginally longer, will get people thinking. At the risk of personalising the matter too much, as a former journalist who worked in the field for ten years and as a lawyer working in the field, there is nothing that concentrates the minds of journalists and editors more quickly than the prospect of a libel action coming down the tracks that they know they cannot win or to which they have significant exposure.

We are not in the business of solving problems for the media as we have a wider interest here, but if we can pressurise them into seeing that the problem can be fixed quickly, within a period of 14 or 21 days, that would be entirely consistent with the argument made by the Minister. That is to say apologies would be given readily. It concentrates the minds and puts pressure on the editors and everyone else to deal with the problem now rather than delay the matter for six months or two years or whenever the issue goes to court.