Seanad debates

Tuesday, 11 December 2007

Defamation Bill: Committee Stage (Resumed)

 

4:00 pm

Photo of Eugene ReganEugene 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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