Freedom of expression and freedom of the press were fundamental human rights which helped to maintain a democratic and pluralist society while having regard to the rights of individuals, Ms Mary Wallace, the Minister of State for Justice, Equality and Law Reform, said.
"In my view, the article on the Paralympics went beyond reasonable comment and wandered into the territory of offensive and pointless viewpoint, and it was the failure of the Sunday Independent to recognise this which was the truly offensive aspect of this controversy."
Opening a debate on a motion that the Seanad call on the Government to review the safeguards available to it in the light of the recent media coverage of the Kilkenny family tragedy and the Paralympics, Ms Wallace said the Government had demonstrated its commitment to securing the rights of people with disabilities through the legislative and administrative framework which it had built up over three years.
"It is the rest of society that must now catch up so that we can never again witness the unfairness and hurt caused by the author of the recent article which failed to recognise that when one looks beyond the disability one sees the ability of the individual and the right of that individual to participate."
Dr Maurice Hayes (Ind), a director of Independent Newspapers, said the libel laws in this State were "a rich man's game". There needed to be a code of ethics and he thought newspapers themselves should have such codes which would be transparent. There should be a means by which people who felt aggrieved could gain redress quickly.
He said he favoured the establishment of a press council and he would prefer to see such a body being independent rather than self-regulatory. There was a need for direction to juries in damages awards.
Mr Maurice Manning, Fine Gael leader in the House, said the media were driven by the need to compete. It was difficult to ask the industry to police itself.
Ms Wallace said the Defamation Bill would be published next year. There was no reason why more work could not now be done to pave the way for an ombudsman for the press funded by the industry as recommended by the 1996 review group.