The Irish Human Rights Commission (IHRC) has forwarded to the Minister for Justice, Equality and Law Reform, its observations and proposals for amendments to Defamation Bill 2006 which the Minister referred to the IHRC for its comments.
The Defamation Bill 2006 introduces reforms in an important area of law with significant human rights dimensions. In its submission the IHRC focuses on the key human rights issues raised by the proposed Bill.
The IHRC welcomes the manner in which the Defamation Bill has been developed and brought forward. It is clear that one of the main reasons for bringing forward this Bill was to ensure that Irish law in this area is compliant with the jurisprudence of the European Convention on Human Rights (ECHR). Not only does this Bill represent an example of legislation which is brought forward with the objective of compliance with human rights standards, but there is also clear evidence of a wide-ranging consultation process and of informed expert analysis contributing to this Bill. The publication of the Bill follows on from the Report of the Legal Advisory Group on Defamation (LAG), published in March 2003 and it is clear from the report that compliance with the ECHR was also at the centre of the Group’s thinking.
"In general the IHRC believes that this Bill will bring greater certainty to the law on defamation in Ireland and help ensure that an appropriate balance is drawn between the right to freedom of expression and the rights of individuals to respect for their privacy and to their good reputation. In its consideration of this Bill the IHRC has examined in some detail how the human rights standards of Irish constitutional law and of international human rights law can best be reflected in legislative form" stated the President of the IHRC, Dr. Maurice Manning.
Among the provisions of the proposed Bill which the IHRC views as particularly positive are:
The number of procedural innovations contained in the Bill, such as the proposal to introduce a system of verifying affidavits in defamation actions and the proposals to allow actions be dismissed for want of prosecution, which the IHRC believes will deter frivolous and vexatious actions.
The proposals on qualified privilege are a welcome clarification of the law in a complex area.
The IHRC particularly welcomes the proposed reforms in the area of damages, which should assist a jury to reach a proper assessment of what is a proportionate amount of damages in line with the requirements of Article 10(2) of the ECHR. The proposals brought forward here should also contribute to greater consistency of the size of awards in defamation actions.
There are a number of sections of the Bill where the IHRC would welcome greater clarity. These include the following:
The IHRC would like clarification in relation to the proposal to amend the law in relation to multiple publications.
The IHRC would also like to receive clarification as to the significance, if any, that is envisaged in the distinction between "public interest" and "public importance" in the sections dealing with the defence of honest opinion and the section dealing with the defence of fair and reasonable publication on a matter of public importance.
It is unclear to the IHRC whether the section dealing with orders prohibiting the publication of a defamatory statement is intended as a codification of the existing common law remedy of seeking an injunction in such cases, or whether it is intended to exist in addition to the prevailing common law remedy.
The operation of the Press Council is likely to be of considerable importance, particularly in relation to the vindication of the rights of persons alleging that their rights have been violated by publication of potentially defamatory statements. At this point, the IHRC cannot assess how the Council is likely to contribute to the protection of potential litigants’ rights and is eager to see further detail of how the Council will operate in practice.
Dr. Manning said in conclusion that he hopes these and other minor criticisms and some lacunae identified by the IHRC will be addressed during the Bill’s passage through the Houses of the Oireachtas.
A spokesperson is available for interview.
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. : 01 8589 601
Mobile: 087 2400695
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie
Click here to download Observations-on-the-Defamation-Bill-2006.doc (248 KB)