Eugene Regan (Fine Gael)

This section replaces the defence of "fair comment". Fair and reasonable comment on a matter of public interest is what is being replaced. My concern relates to the issue of reasonableness. I have simply tried to refine the drafting, not delete it. I suggested a number of changes that would introduce reasonableness or objectiveness into the wording. Take, for example, where the defendant is not the author of the opinion, but believes that the author believed it to be true. The question is was there any reason for him to believe it to be true, did he ask the author or did he rely on the fact that this was a journalist in whom he would generally have confidence. There is a slight refinement in the amendment which would improve the wording and introduce a test of reasonableness, particularly into the second leg of subsection (2)(a). Will the Minister address that?