Brian Lenihan Jnr (Dublin West, Fianna Fail)

Before I deal with the detail of the amendments I will say a few general words on this section. Section 24 puts on a statutory footing the new defamation defence of fair and reasonable publication on a matter of public interest. It extends the occasion of qualified privilege to the world at large. Defamations can occur on occasions of absolute or qualified privilege without malice. Formerly the phrase "public importance" was used and there is no issue on the fact that "public interest" is now proposed because it is a more precise concept. Senators are familiar with the genesis of this new defence. As Senator Norris said, it was first set out by the United Kingdom court of appeal in 2001 in the case of Reynolds v. Times Newspapers Limited, which developed this new defence.