The following are the main provisions of the Defamation Bill and the Privacy Bill.
- Defamation Bill
- Bill provides for statutory recognition of an independent press council. The council will be asked to work to ensure "ethical, accurate and truthful reporting by the press".
- It is envisaged that the press council would appoint an ombudsman who could provide for "the expeditious and informal resolution" of some disputes between complainants and press council members.
- A new defence of "fair and reasonable publication on a matter of public importance"will be introduced in defamation law.
- An offer of apology will not be construed as an admission of liability in cases of alleged defamation. The defendant may also lodge a sum of money in court without admitting liability.
- Plaintiffs and defendants will have to submit a sworn affidavit and to make themselves available for cross-examination.
- Distributors will be able to avail of the defence of "innocent publication" if they carry a publication containing defamatory material.
- A limitation period of one year will apply to bringing proceedings, subject to a "long-stop" of two years for exceptional cases.
Privacy Bill
- "A modern statutory framework to protect all citizens from the invasion of their privacy" will be introduced.
- Newspapers, magazines, broadcasters and the internet will be covered by the Bill.
- Courts can have regard to the extent to which an individual has engaged in surveillance or harassment or has trespassed upon another person's property.
- Breach of privacy actions will have to be brought within a year of the discovery of the wrong, or two years with the court's consent.
Defences available to a defendant will include: that the act was done with lawful authority or required by a court; the act was carried out by a public servant in the course of their duties; it involved the operation of a CCTV system for a lawful purpose; it was an act of newsgathering by a newspaper or broadcaster, and any disclosure of material obtained was done in good faith, was for the purpose of discussing a subject of public importance and was fair and reasonable.
In an action for violation of privacy the court may: grant an injunction; award damages; order the defendant to account to the plaintiff for profits made because of the violation of privacy.