Seanad debates

Tuesday, 11 December 2007

Defamation Bill: Committee Stage (Resumed)

 

5:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I take a slightly different view from my colleague in that I regard the press council or press ombudsman as having the role of monitoring the conduct, code of ethics and standards of the media. When we talk of giving powers to the press council, I envisage its role as one of admonishing a certain newspaper, radio station or television channel, pointing out it has sinned and crossed the boundary of fairness and propriety and that it should apologise. However, suggesting that it should recommend a monetary settlement would be totally ultra vires of the council. When the Oireachtas tried to impose mandatory sentences for drug-related offences under the Criminal Justice Bill, sections of it were more observed by the Oireachtas ignoring that suggestion. That might be the wrong analogy to use in this regard. If the press council were given extra power to recommend monetary settlements of, say, €50,000 or €100,000, it would create mayhem. Not alone would it give rise to an unintended interference with the Legislature and the process of proceedings, it would also set a dangerous precedent. I regard the role of the press council or press ombudsman as being one of cracking the whip where somebody steps out of line and prodding him or her into settling the case or printing an apology. I see nothing wrong with that, but to give that body or individual statutory powers to award damages, whether involving small or large amounts, would be wrong. In that regard, we must be extremely careful. The Minister's response to Senator Norris's amendment was fair, reasonable and one with which I concur.

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