The Cabinet has agreed to consider legislation to restrict press intrusion into private lives to accompany its long-awaited reform of the defamation laws. Several Ministers had demanded that some media behaviour be controlled by law, writes Mark Brennock, Chief Political Correspondent.
Ministers agreed yesterday to set up a working group to consider the need for privacy legislation, after a series of Fianna Fáil Ministers argued that the planned defamation law reform was offering major benefits to the press without imposing additional responsibilities.
Minister for Justice Michael McDowell had set his face against a privacy law, but may now have to succumb to pressure from Fianna Fáil Ministers on the issue.
The Cabinet yesterday gave Mr McDowell approval to draft the heads of a Bill to reform the defamation laws after a delay of several weeks.
However, there was a belief in some Government circles last night that the reform in defamation law was now conditional on the introduction of privacy legislation.
Fianna Fáil Ministers, including Brian Cowen, Martin Cullen, Willie O'Dea and Séamus Brennan, were among those at Cabinet meetings in recent weeks who sought a Privacy Bill. Some sources said yesterday that more than half the Cabinet had raised objections to allowing the Defamation Bill to proceed alone.
Ministers complained that journalists from tabloid newspapers have photographed them on private occasions, have sought to question their children about their parents' actions and have on occasion sought to link them romantically - and sometimes inaccurately - with various people.
A growing number of celebrities have complained about press intrusion into their private lives in recent years.
The 2002 Programme for Government promised libel law reform "in the context of a statutory press council and improved privacy laws". Until yesterday, however, the Government seemed set to reform libel laws without legally restricting press intrusion into private lives.
It is not clear whether the publication and passage of the Defamation Bill through the Oireachtas will be held up until the working group has decided how to proceed on the privacy issue.
The Bill as proposed by Mr McDowell would set up a statutory but independently-appointed press council and ombudsman, which would hear and adjudicate on complaints against the press.
The Bill would also include a number of reforms of libel laws long sought by media organisations. It would allow newspapers and broadcasters to apologise for errors without prejudicing their defence in future defamation actions.
The Bill is expected to create a new libel defence of "fair and reasonable publication in a matter of public importance". Those who claim they have been libelled would also have to demonstrate that their reputations had actually been damaged.
The press council to be set up under the Bill would have included a voluntary code of conduct for the media, including a requirement that they not invade people's privacy. The Cabinet is now to consider whether this requirement should be enshrined in law, rather than being voluntary.
One Government source said the working group on privacy legislation agreed yesterday would "recommend an appropriate course of action". Other Government sources said it was the understanding of some Fianna Fáil Ministers that this "course of action" would be the introduction of a Privacy Bill as part of a press reform package.