Seanad debates

Thursday, 9 July 2009

Defamation Bill 2006 [Seanad Bill amended by the Dáil] : Report and Final Stages

 

Photo of Jim WalshJim Walsh (Fianna Fail)

We had a long debate on this Bill on a couple of occasions, first when it was aborted with the 2007 general election and then subsequently when it was reintroduced by the current Government. Concerns were expressed in this regard and it is imperative that the review takes place within the five years. It should happen as cases evolve.

I was appalled, but not surprised, at the reaction of the newspaper group involved in the Leech case. Instead of issuing an apology in the face of the severe findings of the jury in the case, it looked for changes in the defamation legislation so people could be deliberately defamed. It was a disgrace and it brought home to me the need for the privacy legislation that was initially promised in tandem with this Bill. It would be useful if the Minister would outline to the House when he intends to bring the privacy Bill before the Oireachtas. The response of the newspaper in that regard did not meet the requirements and spirit of the debate we had on all sides.

Within the last day there were significant breaches of privacy revealed in the neighbouring island by one of its major newspapers. It breached the law by bugging people's telephones, including that of the Deputy Prime Minister. We cannot allow the media to go unfettered.

Much was made of the Press Council of Ireland by the industry itself. Many of us argued strongly against this self-regulatory body with very few effective powers. It is significant that the press council to date has had some of its findings disputed by some of the major newspapers. That shows that self-regulation does not work. I was critical at the time of its establishment that the Press Council is nominated and paid for by the industry. It is absolutely compromised so privacy legislation is essential to protect people's rights.

I have great sympathy with the Dwyer family whose son was killed in Bolivia. Through the intervention of Deputy Máire Hoctor, a number of us met the family. To hear their tale of the intrusion of the press even before they were aware their son had been killed and subsequent to their becoming aware of it is appalling. We must regulate this area to ensure people's privacy is protected. Freedom of speech must be protected but the concoction of stories to support headlines is not good enough.

We depend on editors in the newspaper industry to apply standards. In many of the articles we see, the most defamatory comments are within the headline, while the article often bears no relation to it. It is set to attract attention and sell newspapers. That level of irresponsibility applies within an industry that is under pressure at present. There is, however, a need for privacy legislation, particularly following the Leech case and the response to it, which displayed an arrogance and a total lack of respect for compliance with defamation regulations.

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