Defamation legislation to go before Seanad

The proposed press council is to be recognised in new defamation legislation, which will be debated today in the Seanad.

The proposed press council is to be recognised in new defamation legislation, which will be debated today in the Seanad.

Speaking yesterday about the proposed legislation, Minister for Justice Michael McDowell said he was personally satisfied that the proposals outlined by the press industry yesterday were sufficient for the proposed press council and complaints procedure to be recognised under the legislation.

The council and press ombudsman will remain independent, but rulings and decisions will be given "qualified privilege" under the proposed defamation laws, meaning the body cannot be sued for libel itself on publication of its deliberations.

The complaints procedure and code of conduct will also be recognised in the legislation in relation to use of a new defence of "reasonable publication" in libel cases.

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Newspapers and media outlets will be able to use this defence in relation to issues of public importance, and courts will take into account whether a newspaper or magazine adhered to the press council's code of conduct and complaints procedure in deciding whether such a defence is allowed.

The proposed reforms of the defamation legislation also allow for the printing of an apology in advance of a libel case to be taken into account by a jury in its deliberations on a defamation action.

The proposed legislation also stipulates that for the press council to be recognised under the legislation, it must have a majority of independent members on it, and have a code of conduct.

Speaking yesterday at the launch of plans for an independent press council, Mr McDowell said he hoped the legislation would be passed through the Houses of the Oireachtas in a short period.

"As far as I'm concerned, there has been quite a considerable delay on all sides in relation to this issue, and the sooner that this matter can be moved forward the better," he said.