New proposals will strengthen privacy rights

It will be easier for people to sue newspapers and broadcasters for breach of privacy under proposals to be brought before the Cabinet tomorrow by the Minister for Justice, Equality and Law Reform, Michael McDowell.

Under the plan, the Minister has already drafted the Defamation Bill that will set up a statutory Press Council.

However, it will also grant the media some extra protections against libel actions if they can prove they acted in the public interest.

The Defamation Bill was to have been discussed by the Government last week but was deferred.

Mr McDowell will bring to the Cabinet meeting a report on privacy, drawn up by senior counsel Brian Murray. This will propose a series of "legislative acts" to strengthen privacy rights, Government sources said last night.

The proposals will make it clear to people when their privacy rights have been broken and will make it clear that they have a legal avenue to seek redress.

However, the Minister is not intending to widen the scope of privacy law.

Instead, he aims to incorporate clearly the existing privacy rights enjoyed by citizens under the Constitution and European law.

The privacy law report was commissioned as a direct result of the decision by the European Court of Human Rights almost two years ago that found Princess Caroline of Monaco had her personal rights infringed.

The court decided this had come about as a result of the publication of photographs which showed her during private moments. Some of the photographs included her children.

The landmark decision gave people throughout Europe - not just the European Union - the same level of privacy rights, as judges ruled the fundamental importance of protecting private life and found that everyone, including people known to the public, had a "legitimate expectation" that their private life would be protected.

Article 40 of the Constitution contains a guarantee that the State will respect and, as far as practicable, "by its laws defend and vindicate the personal rights of the citizen".

It goes on to say the State shall defend from unjust attack "the life, person, good name and property rights of every citizen".