Seanad report: Minister for Justice, Equality and Law Reform Brian Lenihan said he had recently indicated to the Press Ombudsman that he wanted to see the Press Council address as a number one priority the breaching by newspapers of the fundamental Irish custom of respect for the dead, especially at times of funerals.
Mr Lenihan was responding to concerns expressed by Fianna Fáil members Jim Walsh and Denis O'Donovan about the impact on the family of the late deputy Liam Lawlor of reports published in the immediate aftermath of his death in a car crash. The matter was raised during the ongoing Committee Stage debate on the Defamation Bill.
Mr Lenihan said there were difficulties about dealing with the issue in this legislation, but it was a matter on which action would have to be taken. He was anxious to give the Press Council an opportunity to plug the black hole that existed.
However, if the council could not demonstrate a capacity to do so and if they as legislators could not address in the Bill the issue of defamation of the dead person at the time of their funeral, then he would return to the issue in the Privacy Bill.
"It's an issue I am not prepared to let pass any further."
The Minister said the new defence of fair and reasonable publication on a matter of public interest, rather than public importance, was aimed at bringing greater clarity to the law.
The term "public interest" was well understood and well established in case law and also reflected recent developments before the courts where Mr Justice Peter Charleton had made reference to it.
Mr Walsh said he would be concerned that the change would enable a defence to defamation to be mounted on a very low standard of proof.
David Norris (Ind) said if necessary there should be a definition of public interest in the Bill.
The Minister said a matter of public interest could be clearly distinguished from a matter of private interest. There was an increased burden on the defendant, who had to demonstrate that a matter was one of public interest.
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It was very disturbing to see celebrities going on television and in a very flippant and subtle manner glamorising drug-taking, Labhrás Ó Murchú (FF) said. This was a very worrying situation for parents. The abuse of drugs had reached very serious proportions. Young lives were being lost or damaged, often beyond repair.
At Government level there should be discussion with the media to point out to them how vulnerable young people were and how easily they could be influenced by celebrities.