David Norris (Independent)

Senator Walsh's point has brought something to mind. I consider I was seriously libelled by one of the gutter newspapers some time ago and on that occasion I did not take the matter to court. I was telephoned around midnight and I got out of bed to answer the telephone, the person read over what he or she proposed to publish and wanted a comment from me. That person was just covering himself or herself. That is precisely the kind of matter about which Senator Walsh spoke. Newspapers may in a sneaky way try to get one offside.

I imagine the Minister will say newspaper reporters must prove what they write. I wonder what is that proof. Does the provision mean proof in writing or can the record of a telephone call made late at night to a person be held to be convincing proof or would the person need to have a contemporaneous note or a recording of the conversation? The section does not seem to indicate that. If a person gives consent in writing in advance, he or she has very considerably weakened his or her case for taking an action for libel to the point of extinction. I have concerns about precisely the matter that Senator Walsh raised.