Willie O'Dea
Question:36 Mr. O'Dea asked the Minister for Equality and Law Reform the proposals, if any, he has to amend and update the law relating to defamation. [1955/95]
Written Answers. - Law and Defamation.
The Deputy will be aware that the Law Reform Commission published a report on the Civil Law of Defamation which embodies a large number of recommendations for change in this area under fifty-nine separate headings. In addition, the National Newspapers of Ireland have made proposals for change which, despite some points of difference, are substantially in accordance with the Law Reform Commission's recommendations.
This area of the law is a complex one. It involves striking a balance between the competing interests of freedom of expression, on the one hand, and the citizen's right to his or her good name, on the other. It draws upon influences derived from the common law, from statute (the Defamation Act of 1961) and from the fundamental rights enshrined in our Constitution. In summary, therefore, any reform of the civil law of defamation will not be an easy task. Nor is it one which can be accomplished very quickly.
My Department is already deeply committed to a legislative programme which involves fundamental reform in the broad areas of family law and equality law. These are priority areas for me and, until such time as the necessary progress has been made in these areas, a radical reform in existing defamation legislation is unlikely. I shall, however, be keeping the matter under continuing review.
I should like to add that the Bill is the subject of a preliminary examination at present by the Attorney General's Office following a reference of the Bill to that Office by the Taoiseach last year, and that that examination when completed will be taken into account in due course when the matter comes before the Government for consideration.