Seanad debates
Tuesday, 11 December 2007
Defamation Bill: Committee Stage (Resumed)
3:00 pm
Jim Walsh (Fianna Fail)
I cannot say off the top of my head, but there are sections dealing with interaction that takes place. For example, section 24(3) deals with the issue, as do other areas. I wonder whether it is necessary to include it. A kind of confusion can arise. It would not be uncommon if somebody was contacted off guard by a reporter who knew what he was doing and told the reporter he could publish whatever he liked. It might just be a throwaway remark and the person might not be fully au fait with the issue, but it could provide cover in a subsequent defamation case. Perhaps the Minister's point about informed consent is right and the courts would very strictly interpret that consent could only be given where the person had time to peruse fully the article and to respond to it in a measured way. However, I wonder whether it is necessary at all in the Bill.
No comments