DEFAMATION ACT 2009
Probably the longest running saga concerning legislative reform finally came to an end during the summer when the President signed the Defamation Bill 2006 into law (although its commencement date is still awaited!). The impetus to reform the law on defamation originated in 1987 and following numerous reviews, reports, consultations, discussions and beseechings the end product resulted in a mild non controversial Act – excepting the provisions on blasphemy which have no bearing on defamation.
The Act will come into force as soon as appropriate rules have been adopted for the Superior and Circuit Courts. It modernises the law and puts it on a par with other civil legislation governing the rights of citizens in the conduct of litigation. Proceedings will have to be instituted within one year of the defamation; an apology will not be regarded as an admission of liability, the lodging of a sum of money in satisfaction of the plaintiff’s claim will not be accompanied by an admission of liability; Juries can be addressed on the nature of damages and comparative awards; an aggrieved party can now apply speedily to the Circuit Court for vindication of his/her good name without seeking damages. The case to be made for the complainant and the intended nature of the defence must be shown in advance of the trial by the exchange of appropriate Affidavits. Courts can direct the publication of apologies subsequent to a hearing. None of these changes are revolutionary in their content or application but should lead to more efficient, sensible and timesaving procedures.
Hayes were heavily involved in the promotion of the legislation as advisors to the National Newspapers of Ireland who in the person of Frank Cullen led the movement for change over the past 20 years. Parallel to the legislation has been the creation of the Press Council in operation now for almost 2 years, in which we were again involved as solicitors to the Steering Committee which drew up the proposals for its creation and which led to the establishment of the Offices of the Press Council and Press Ombudsman for whom we also act. Complainants who previously did not wish to go to Court, or who had no right to do so under existing law, can now avail of a quick, effective and free service to seek a remedy for their complaint from the new offices.
Andrew O’Rorke
aororke@hayes-solicitors.ie