Challenge puts pressure on Minister to reform libel laws

IRELAND’S libel laws are to be challenged in the European Court of Human Rights in a case set to put Justice Minister Michael McDowell under pressure to fast-track reforms of the legislation.

The Strasbourg-based court has set October 16 as the provisional date for the hearing of the case around the same time Mr McDowell plans to hold what he terms a "high level conference" to kick-start public debate on the issue.

The case is being taken by Independent News and Media and Independent Newspapers Ireland against the State but is backed by submissions from other newspapers and media organisations, including the Irish Examiner.

It will cite the De Rossa libel case in 1997 in which MEP and Labour Party president Proinsias de Rossa was awarded £300,000 (381,000) in the High Court as a result of an article written by Eamon Dunphy in the Sunday Independent five years earlier.

The award was upheld by a four-to-one majority on appeal to the Supreme Court in 1999 despite arguments that the failure of the High Court judge to direct the jury as to what was an appropriate pay-out in the case led to a disproportionately high award.

Unlike other civil damages actions, juries in libel cases here are not given guidelines on compensation and it was noted at the time of the appeal that the award made to Mr De Rossa was greater than that normally given to people who suffered catastrophic physical damage, such as being rendered paraplegic.

It will be argued in Strasbourg that the Irish practice in libel cases breaches Article 10 of the European Convention on Human Rights which protects freedom of expression.

While the article does allow for restrictions on freedom of expression by individual states and penalties for those who breach domestic law, such restrictions and penalties must only be of a degree "necessary in a democratic society".

Independent Newspapers will argue that failure by the State to safeguard against disproportionate payments in libel cases is an excessive restriction and beyond what is necessary or appropriate to a democratic society.

An advisory group which reported to Mr McDowell on libel law reform earlier this summer prioritised support for guidelines for juries among its 23 wide-ranging recommendations.

If Independent Newspapers is successful in Strasbourg, however, the change would apply without debate and would have to be implemented earlier than the Minister envisaged as he has indicated he will not bring his own proposed reforms to Government before next year.