Seanad debates

Tuesday, 11 December 2007

Defamation Bill: Committee Stage (Resumed)

 

4:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Callely referred to private lives, an issue which will arise on many sections of the Bill. In the context of this section, however, it is proposed in the Government amendment to delete the reference to "public importance" and insert the words "public interest". This is a much stronger phrase because it clearly implies that there is a distinct private sphere which is not of public interest. As the Senator indicated, the words "public importance" can connote anything in relation to the conduct of a public figure.

On the substance of what Senator Walsh was seeking and the question regarding the reasonable number of attempts made to obtain a response from an individual, I am prepared to examine whether this issue can be addressed by way of a separate subsection. This is the only way in drafting terms that the issue could be addressed because the section, as it stands, does not include a reference to the plural. If one were to stipulate the number of attempts which were made, it would elevate it into a separate requirement.

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