The Government is to move next week to bring its long-awaited Defamation Bill, which provides for rapid access to a remedy for those who feel they have been defamed, into law.
The Bill, published by Minister for Justice Michael McDowell in July, also offers more protection to the media when reporting in good faith. It begins its hearing in the Seanad on Wednesday.
The Bill does not provide for the setting up of a press council, as proposed by the report of the legal advisory group on defamation, but provides for recognition of a press council to be set up by the publishing industry. This council will appoint a press ombudsman to whom complainants can go for redress short of going to court.
The Bill allows the media a number of defences against being sued not previously available, notably "fair and reasonable publication on a matter of public importance". It makes it harder for individuals to sue without having good reason and abolishes the distinct torts (civil wrongs) of libel and slander, replacing them with defamation. Both the plaintiff and the defendants will have to swear affidavits, on which they can then be cross-examined, verifying their claims and assertions.
Under the Bill it will no longer be an admission of liability, which could be used against a publication in a later court action, to publish an apology.
A sum of money can be lodged in court by a defendant without admitting liability. Instead of damages, a plaintiff who successfully sues can seek a declaratory order or a correction order that would force the publication to publish a correction, or a statement that the information published was not true and was defamatory.
A Department of Justice spokeswoman said last night there is still no date for hearing of the Privacy Bill, under which media organisations that publish intimate photographs or personal information about celebrities could face legal action. The Bill, which was also published by Mr McDowell in July, makes it a tort for which damages can be sought to violate a person's privacy.
It states this is actionable without proof of special damages; that is, financial loss.