Bernard Durkan (Kildare North, Fine Gael)
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Question 407: To ask the Minister for Justice, Equality and Law Reform if he intends introducing privacy rules or legislation in relation to the electronic or print media; and if he will make a statement on the matter. [3980/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am preparing proposals to bring to the Government which will provide for extensive reform of the law concerning defamation, taking into account the work of the Law Reform Commission, the Commission on the Newspaper Industry, the legal advisory group on defamation and the public consultation process I initiated on publication of the group's report.

Most of the responses received during the consultation process addressed the recommendations put forward by the legal advisory group about the establishment of a statutory press council. The recommendation was made on foot of one of the group's more specific terms of reference, which was to consider the nature and extent of statutory intervention that might attach to the establishment of an entity concerned with the regulation of the press. There is some divergence of views on the optimum approach to this matter. The group recommended the establishment of a statutory Government-appointed press council with functions such as the preparation of a press code of conduct and the investigation of complaints about alleged breaches of the code. The report set out in some detail the main features of such a council, including matters pertaining to its operation and structure.

On a number of occasions, I argued that the model examined by the advisory group is not the only or the most obvious model for a press council. My stated preference is for a body composed of persons representative of civic society, with minority representation from media interests including journalists. Appropriate recognition which could bring certain privileges could be conferred by statute on such a press council. I envisage that the central focus of such a council would be a press code of standards supported by and subscribed to by all print media organisations with operations in the State. I envisage that such a code could provide an added protection to citizens from media intrusion and harassment.

Regarding a tort of invasion of privacy, the area is one that already offers potential redress under our law, including the Constitution and the European Convention on Human Rights. I am keeping the law under review in the light of developments in the jurisprudence of our courts and in the European Court of Human Rights.