Seanad debates
Tuesday, 11 December 2007
Defamation Bill: Committee Stage (Resumed)
4:00 pm
Eugene Regan (Fine Gael)
I appreciate the Minister's outline of the case law. Mr. Justice Ó Caoimh's statement was obiter dictum to the case and cannot be relied on except in the broadest sense. The matter will be a subject of a Supreme Court ruling soon and that is why I say the law has not been settled. We must be conscious we are adopting legislation that might have constitutional impediment in light of the constitutional requirement that the good name of an individual be protected and vindicated. I am concerned that we do not overstep the mark in this legislation and we have an obligation on that.
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