State urged to probe media in breach of ‘code’

THE Government was advised yesterday to set up a Press Council to investigate and rule on complaints against newspapers and media organisation in breach of a proposed code of conduct.

The recommendations from an expert legal group set up to review defamation law also suggests a defence could be put forward for publications being sued, to argue that allegations were made in the public interest.

The measures will also allow for defamation cases to be dealt with in a quicker and less costly manner.

The wide ranging changes proposed by the group, chaired by barrister Hugh Mohan, will provide the basis for a consultation process lasting until the end of the year, followed by a new Defamation Act by the end of 2004.

Minister for Justice Michael McDowell said a major conference will take place in October, where interested parties, including the media, political parties, civil liberties groups and the general public, will be able to express their views.

The minister said the Programme for Government made a commitment to set up a statutory Press Council, and improved privacy laws and reforms of libel in line with standards in other countries.

The Press Council will be able to require the media to stay in line with a Code of Conduct, including directing when and where an apology should be printed. Stories carefully researched, reasonably written and believed to be correct on issues in the public interest would be allowed to be printed.

But the minister warned that if you were to go down the path of saying there was a right to be factually wrong in the public interest, then the public would have to be satisfied there was no ethical or disciplinary regimes available.

“That is a very serious power What is the counterbalance?” he asked.

The media will not be able to pick and choose from any reform package put forward, the minister said.

“You can’t dine á la carte at this particular table,” he said.

Juries would continue to have a role in assessing damages in the High Court.

But legal counsel on both sides would be able to appeal to them on the amount of damages to be paid and judges would also give direction to the jury on this matter.

Plaintiffs should have to sign an affidavit when taking a defamation case and failure to do so could result in the case being struck out.

Mr McDowell also noted reform of the law was proposed by the group before he came in for service Pointing out that the changes could not be interpreted as a response to adverse coverage he has received recently, the minister said, as the report was delivered to him back in March: “When I was still a media darling,” he added.