The establishment of a statutory Press Council to investigate complaints against media organisations has been recommended in a report by an expert group which examined reforms of the State's libel laws.
The Minister for Justice Mr McDowell today described the report of the Legal Advisory Group on Defamation as an attempt to repeal the 1961 Defamation Act and bring us up to the 21st Century.
A commitment to a statutory Press Council and reforming the libel laws was contained within the Programme for Government.
Preparing a Press Code of Conduct and investigating alleged breaches of that Code would be among the Press Council's main functions.
Such a Council would protect the freedom of the press and also the public's right to full, fair, accurate and balanced reporting, according to the group.
Mr McDowell stressed today's report is not representative of the Government's views. He said the report would act as a starting pint for public consultation ahead of a "high level conference in October." The Minister said he intended to have a new Defamation Act on the statute book by the end of 2004.
The key proposals in the expert group report include providing a new defence of "reasonable publication" for media organisations. This would allow the defendant to show that the subject complained of was published for the discussion of the public interest.
This would be complemented by a defence known as "the defence of innocent publication" which would replace the common law defence of innocent dissemination. The group suggested specific provisions should be made for Internet providers.
In a bid to limit the costs associated with defamation cases the groups also suggested that a new fast-track procedure for either party to apply to the court to have a defamation case dealt with swiftly by a judge sitting alone.
A limitation period of one year following publication was also recommended, with discretion for the courts to rule on exceptions to this. The group said a general rule should apply that no defamation proceedings could be brought after six years.
To verify a claim, the group recommends that plaintiff's sign an affidavit on the details of their claim, although it adds there should be no substantive change to the law concerning the presumption of falsity.
Any change in the legislation will only apply to cases which accrue following its coming into law, the group recommended.
The group was chaired by Mr Hugh Mohan SC and included Ms Paula Mullooly, solicitor; and Mr Eoin O'Dell, Registrar of Law at Trinity College, Dublin.
