Seanad debates

Tuesday, 11 December 2007

Defamation Bill: Committee Stage (Resumed)

 

5:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I move amendment No. 38:

In page 23, subsection (4), lines 21 and 22, to insert the following:

"(l) the extent to which it was fair and reasonable to publish the statement having regard to matters specified in section 24 subsection (2).".

I am trying to recall what prompted me to table this amendment. Section 24(2) refers to what constitutes fair and reasonable publication and lists matters the courts should take into account in this regard. I may have tabled this amendment in respect of the wrong section. However, I am concerned that where appeals are made to the Supreme Court, the latter should take account of the list of matters contained in section 24(2) in making its assessment. Perhaps the Minister's reply will indicate whether I have tabled the amendment in respect of the wrong section.

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