Seanad debates

Tuesday, 11 March 2008

Defamation Bill 2006: Report and Final Stages

 

7:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I move amendment No. 54:

In page 28, to delete lines 34 to 47 and in page 29, to delete lines 1 to 12.

This amendment is concerned with the novel provision that a cause of action for defamation can survive one's death. I wonder whether this is a matter that would be best dealt with by the Press Council rather than legislation. I am not sure it is practical or reasonable. It carries with it the corollary that if there is a cause of action subsisting against a person, that action also survives against the estate, which would be a burden on a family after the person's death. I appreciate the background to this legislative initiative but I wonder whether there is a better way of dealing with it than legislating for it in this Bill.

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