Brian Lenihan Jnr (Dublin West, Fianna Fail)

Section 26 provides for the making of a declaratory order by the court that the statement of a respondent is false and defamatory. Subsection (2) provides that the court shall make the order if it is satisfied on the basis of conditions set out and is consequential on acceptance of amendment No. 18. The effect of the amendment is that an apology in the context of a request by an applicant for a declaratory order is required to have been given the same or similar prominence by the respondent as the original defamatory statement. This again follows from the Government's acceptance of the principle that apologies should have the same or similar prominence.