THE GOVERNMENT and Opposition have expressed the hope that the Defamation Bill passed by the Seanad after a lengthy debate will lead to improved relations between the press and the public, including politicians.
The main features of the Bill include the introduction of the new defence of a fair and reasonable comment on a matter of public importance, the recognition of an independent, industry-funded Press Council which was established earlier this year and the abolition of criminal libel.
The Bill, which was amended during the debate in the Seanad, will now go to the Dáil for approval and will come back to the Upper House for final ratification before it goes to the President for signature.
The Bill is designed to simplify the law of libel for the media and for those taking legal action. Under its terms an offer of an apology will no longer be construed as an admission of liability by the media, as at present. The media will also be entitled to lodge a sum of money in court without an admission of liability.
Another important change in the law is the creation of a defence of fair and reasonable publication on a matter of public importance.
However, during the Seanad debate, a number of speakers insisted that the introduction of this defence for publishers will be subject to the Press Council proving its effectiveness in applying its code of standards to the media.
One of the principles accepted by the Minister during the course of the Seanad debate was the notion that an apology by the media would have to be given the same or similar prominence as the original offending article.
At the end of the Seanad debate on Tuesday night, Minister for Justice Brian Lenihan described it as a progressive measure. "I hope it leads to a better relationship between the press and the people for the future," he said.
The Minister referred to the fact that the Bill had been amended substantially during the Seanad debate and said he had found the contribution of the Upper House to the formulation of the legislation very useful.
He said the debate had helped to focus his mind on the provisions of the Bill and he thanked Senators for improving it to a state whereby the Dáil should not have much more work to do on it.
Senator Eugene Regan of Fine Gael thanked the Minister for devoting so much time to the Seanad on the Bill and for the manner in which he conducted the debate.
"I thank him for taking on board some of the suggestions made. There were some suggestions made today which, I hope, will be reflected in the revised Bill," he said.
Senator Joe O'Toole said the "extraordinarily progressive move" by the Government in eliminating the notion of criminal libel and making it a purely civil matter had not been fully recognised.
"What we are about to do is significant, not just in Ireland but in western democracies," he said.
