Minister promises fast move on libel bill

The details of proposed legislation dealing with libel and defamation will be brought before the Government for approval within…

The details of proposed legislation dealing with libel and defamation will be brought before the Government for approval within a month, the Minister for Justice has said.

He was addressing media representatives and delegates at a conference in Dublin Castle last night.

Mr O'Donoghue said he hoped the planned new Defamation Bill could be published during the remaining tenure of his office.

The Minister said many of the provisions of the Bill would provide an important statutory backdrop to the creation of a self-regulatory complaints mechanism.

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He was speaking at the annual meeting of the Alliance of Independent Press Councils of Europe.

He also said he saw the need for the modernisation of defamation.

But defamation law, "providing, as it does, the ultimate remedy in cases where serious damage to reputation has occurred, is also an important feature of a democratic society", he added.

"What is important is that the full weight of defamation law should not be applied in inappropriate cases."

The proposed Defamation Bill will take account of recommendations made by the Law Reform Commission and others, according to the Minister.

At the function, hosted by the National Newspapers of Ireland, he said: "For example, the distinction drawn between libel and slander is largely the product of historical accident, rather than any rational development in the law.

"Also, there is merit in ensuring that remedies other than damages should be put at the disposal of the courts in particular circumstances.

"It is also desirable that the position with regard to the making of apologies be clarified and that certain anomalies in our law be removed, most notably in the area of lodgments into court."

Referring to the Commission on the Newspaper Industry report of 1996, he pointed out that it had recommended the appointment and funding of an independent ombudsman by the newspaper industry.

He said he was conscious of the views of the commission that such an ombudsman should have immunity from claims for defamation.

"The self-regulation model is obviously a very interesting one," he said.

"Such a system has the potential to address grievances with comparative speed and, for many complainants, the speedy resolution of a grievance is what is crucial.

"It is noteworthy that one of the reasons why the self-regulation model seems to work in a number of jurisdictions is because those who are governed by it have consented to bring themselves within its terms and to be bound by its findings."

However, if it was to work there had to genuine public confidence in it, he added.

Therefore it was critical that it be visibly and demonstrably independent.