The Minister for Justice, Mr McDowell, has said he wants a new advisory group on defamation to help bring about a "modern responsive code" covering the area.
Announcing the establishment of a Legal Advisory Group on Defamation yesterday, reported yesterday in The Irish Times, he confirmed the group was to report by the end of this year. Its report would have an input into a new Defamation Bill to be published in the middle of next year.
The move signals a willingness by the Minister to pursue a commitment in the Programme for Government to move to reform law in this area. While changes have been long sought by newspaper and magazine industries and broadcasters, there has been long-standing political resistance to introducing a more liberal regime governing journalistic reportage and comment.
The group is to examine the possibility of the introduction of a defence of "qualified privilege", under which reporting and comment on matters of public interest would have greater protection from libel plaintiffs if the publishers can show they had tried in good faith to be fair and accurate.
It will also examine whether judges should have a role in determining the quantity of damages to be awarded to successful libel plaintiffs.
It will examine whether the burden of proof - which currently rests entirely with the defendant in a defamation action - should be shifted.
The group has also been asked to make proposals for a press council which would adjudicate on complaints against the press, including those relating to alleged invasion of privacy.
"The advisory group's remit is essentially to focus on technical issues of a legal nature and, in particular, to take account of recent developments in other jurisdictions which have occurred since the final report of the Law Reform Commission on Defamation was published in 1991," according to a statement from the Department of Justice yesterday.