Defamation bill sparks Seanad debate

SWEEPING reform of the defamation laws sparked a row over press freedom in the Seanad yesterday.

Bringing the legislation before the Oireachtas for its second reading, Justice Minister Michael McDowell insisted it would protect the public without muzzling the media.

However, the proposals were attacked from senators who claimed they allowed editors too much leeway. They were also criticised by those who fear the privacy legislation, to operate in tandem with them, will place investigative journalism under threat.

Key points of the reforms include the setting up of a press council and the creation of a new defence of “reasonable publication” concerning public interest.

Mr McDowell said reform was overdue and in line with public feeling.

“The new provisions will give plaintiffs a better sense of their rights under the law. For those interested in obtaining speedy redress when they have been defamed, new forms of remedy will, in future, be available to them,” he said.

“The new legislation will also provide greater clarity for publishers, and will facilitate responsible publishers in avoiding defamatory statements, as well as providing guidance as to the limits of the various defences which are open to them.”

Mr McDowell said the press council would not be used to suppress opinion: “It is not the business of a press council to start telling columnists what they should or should not say. The public are the best judges of these matters and they do not need a press council to speak on their behalf.”

Fine Gael Senator Maurice Cummings welcomed the defamation legislation but attacked the associated Privacy Bill, which he said posed a major threat to public interest journalism.

“The Privacy Bill 2006, which is often mentioned in conjunction with this Defamation Bill, is dangerous and unnecessary legislation that must be shelved.

“While the minister has stated it has not been shelved, he is aware it will not reach Áras an Uachtaráin in the lifetime of the present Government. I can assure the House that if Fine Gael is elected after the General Election, it will not place the Privacy Bill on the legislative programme,” Mr Cummings said.

Independent Sen David Norris, a member of the NUJ, savaged the legislation for leaving the press to regulate itself: “I am not impressed either by the bill or the proposal for a press council.” He said the minister has a reputation for being a “rottweiler” but the bill is “much more like the work of a chihuahua”.

“The press council and press ombudsman will be utterly toothless. The ombudsman will be appointed by this wonderful new press council, which is not independent,” Mr Norris said.

“There is not a newspaper in this country that has not called for independent regulation of every other profession, except themselves.”