Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Norris, who tabled the amendment, is seeking to ensure that in the case of a successful defamation action, the editor and proprietor of the newspaper which published the defamatory statement shall be liable for damages. Although he is not present, I can almost hear him pronounce the words "editor" and "proprietor". This matter is already provided for in existing law. Each defamation action must be taken on its own merits and the liability lies where it falls. It is a case for the plaintiff and his or her advisers to name the appropriate defendants. However, in the case of a defamation action against a newspaper, it is highly likely that the named defendants at the commencement of the action will be the journalist, the editor and the publisher. The latter can, of course, vary, depending on the circumstances involved.