Press conference: Reform of the defamation laws is "long overdue", Minister for Justice Michael McDowell said yesterday.
Announcing details of two new Bills which have important implications for the way the Irish media operates, the Minister for Justice told a press conference that the modernisation of the defamation law and the introduction of legislation to deal with the issue of privacy were both necessary reforms.
"A clear statement of the law will facilitate responsible publishers and broadcasters in avoiding defamatory statements and will provide guidance as to the limits of the various defences which are open to them," he said.
Mr McDowell said the two main elements of the Defamation Bill 2006 were the establishment of an independent press council and the introduction of the new defence of fair and reasonable publication on a matter of public importance.
"I want to emphasise that this is not a press council being established by the Government or the State. It is an independent press council being established by the media which will have a statutory basis for its operations. Under this approach the print media will be given the opportunity to put into practice its self-proclaimed determination to bring forward an independent, effective and industry-funded press council operating a proper code of standards," he said.
The Minister outlined a number of changes in the law of libel that would make the process simpler both for plaintiffs and the media. An offer of an apology would no longer be construed as an admission of liability by the media who would also be entitled to lodge a sum of money in court without an admission of liability.
He said that one of the key changes was the creation of a defence of fair and reasonable publication on a matter of public importance. "However, the availability of the defence for publishers of relevant periodicals is subject to conditions, notably membership of the press council and adherence to its decisions and code of standards."
On the Privacy Bill, Mr McDowell conceded that he believed at one stage it would be difficult to introduce such a law but he had changed his mind in the light of a decision by the European Court of Human Rights in a case involving Princess Caroline of Monaco that imposed an obligation on all EU member states to devise a privacy law.
"The main purpose of the new Bill will be to introduce a modern statutory framework to protect all citizens from the invasion of their privacy. The range of defences provided under the Bill explicitly recognises the vital and necessary role of bona fide news gathering. The provision of the new defence of fair and reasonable publication on a matter of public importance is also mirrored in this Privacy Bill," he said.
