The European Court of Human Rights has heard that Ireland's libel laws inhibit press freedom and are in breach of the European Convention on Human Rights.
In a case backed by The Irish Times and RTÉ, Independent News and Media argued yesterday that an award in 1997 of €381,000 in libel damages to the Dublin MEP, Mr Proinsias De Rossa, was not only excessive but created a climate of fear among media organisations.
Independent News and Media is not appealing the verdict in the case, which Mr De Rossa took in response to a defamatory article by Mr Eamon Dunphy in the Sunday Independent.
The organisation argues, however, that the judge's failure to offer guidance to the jury on the size of damages to award led to a punitive penalty for the newspaper.
Mr Eoin Mc Cullough, representing the group, said that the award to Mr De Rossa changed the landscape for Irish media organisations dealing with defamation.
"It is obvious that large damages can have a chilling effect on freedom of expression. The fact that it arises from admittedly defamatory material makes no difference," he said.
"The case is largely about the assessment of damages and the system for reviewing the assessment of damages."
Article 10 of the Convention on Human Rights states: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers"
The Court is expected to deliver its judgement on the case next year.
