Libel laws for review after a call to protect journalists

  • Libel laws for review after a call to protect journalists
    Independent.t. E.
    Protection against unjustified claims for libel the court of the RK is considering legislation on state reform.

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Protection against unjustified claims for libel the court of the RK is considering legislation on state reform.

This step is seen as part of a broad study issues relating to defamation and the reporting of the trial.

Other following issues are the appropriateness of legal protection that professional journalists against a defamation lawsuit is also still using unregulated bloggers and so-called citizen journalists.

The Commission also will consider a new defence of qualified privilege should be allowed in cases where the court reporter made a mistake.

The examination is conducted by the law reform Commission at the request of the former attorney General Maura Whelan made prior to her appointment to the position of judge of the court of appeal last year.

The Commission today published the “issues paper” outlining possible reforms.

Members of the public will have until October 26 to submit information and report with recommendations will be submitted to the Government soon after.

In accordance with the Defamation Act 2009, professional journalists, bloggers and citizen journalists would enjoy immunity from the absolute privilege provided a report of the proceedings is fair and accurate.

The Commission should consider whether the current interpretation of what is fair and accurate, is quite clear.

He also looked at whether the new protection of qualified privilege should be introduced for the court, which does not correspond to be fair and accurate.

The Commission anticipates that in such cases, the right can only be defeated by proof there was involved malice.

The Commission is also to consider, as a means of protection from frivolous lawsuits refutation of defamatory information, it would be appropriate to require that someone who wants to sue for a court report first you go from the court to sue, and to demonstrate to the testimony of the alleged malice.

Many of the issues now being considered was raised by MS Whelan in speaking, in 2015, in which she called for a review of the libel laws to provide better protection for court reporters.

During his speech, the then attorney General, told reporters the court to perform an “important public service” and face “one of the most difficult tasks in journalism.”

She said she considers the reform of defamation laws were necessary to avoid “chilling” effect on the level and quality of court reporting.

Journalists, she said, do Not be afraid “is a simple oversight, omission or error” in reporting judicial proceedings would expose them to risks of litigation or claims for compensation.

Committee member and law Professor Donncha O’connell said, “the most important question-are there any restrictions on those who perform regular professional court reporting in the context of fair and accurate requirement, and this requirement could be clearer?”

He said that there is a wider question about the application of standards for professional journalists and citizen journalists. “If you include the latter, is there a need for some oversight in relation to that, because you need to keep in mind the standards?” Prof O’connell said.

The issues paper notes the Danish Council for Affairs of the press was included in blogs and some Twitter accounts as members.

Professor O’connell said, Making any recommendations the Commission should ensure a balance between freedom of speech and the right of a man to his good name.

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