Important changes in the law of defamation, the establishment of a press council and the introduction of privacy legislation, were announced last night by Minister for Justice Michael McDowell. Stephen Collins, Political Correspondent, reports.
The reforms, which were initially promised in the Programme for Government in 2002, are contained in two pieces of legislation which will go before the Seanad in the autumn.
The Defamation Bill 2006 introduces a number of changes in the libel law, the most significant of which is a new defence of "fair and reasonable publication on a matter of public importance".
The Bill will also make it easier for people who feel they have been defamed to get speedy redress from the media in terms of corrections in lieu of damages. The Bill also provides for the statutory recognition of an independent press council.
At a press conference to announce details of the two Bills, Mr McDowell said it was not intended to establish a Government-appointed press council. He was proposing that statutory recognition be given to an independent council, a majority of whose members will be drawn from civic society. The Bill envisages the press council will have 13 directors, seven representing the public interest, five representing the interests of owners and publishers and one representing the interests of journalists. Council members would be selected by a panel independent of Government.
The press council, which will cover only print and not broadcasting organisations, who have their own code, will be asked to come up with a code of standards backed by all its members. "Such a code will provide an added protection to the citizens from unwarranted violation of privacy or harassment from the media," Mr McDowell said.
The press council would appoint a press ombudsman to investigate complaints from those affected by breaches of standards. Remedial action where complaints are upheld will include the publication of the ombudsman's decisions, the publication of corrections of inaccurate facts, retractions or any such action as deemed appropriate.
The privacy Bill will create a specific offence of violating the privacy of the individual. Mr McDowell said the law was necessary because of a decision of the European Court of Human Rights, in a case taken by Princess Caroline of Monaco, that all persons are entitled to a personal sphere of privacy.
"For public figures that sphere is necessarily smaller than for private citizens, and rightly so. However, the very fact that a person may have a public persona does not eliminate their right to enjoy a certain level of privacy. This is particularly so where members of their families are concerned," said the Minister.
The defamation Bill and the establishment of an independent press council were welcomed last night by the Press Industry Steering Committee, which represents national and regional newspapers, periodicals and the National Union of Journalists. However the committee said the issue of privacy would be best dealt with by the press council and not by legislation.