Category: Defamation

Criminal Libel in Mexico and Ireland

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| Defamation, Media and Communications

Eagle from The Herald, Mexico, via mexiconews.com.mxIreland is not the only country where defamation law is undergoing reform. I learn from Media Law Prof Blog that libel is no longer a criminal offence in Mexico:

Mexican President Felipe Calderon has signed into law a federal bill that decriminalizes libel.

The new legislation changes the centre of gravity of Mexican libel law from criminal to civil, so that defamation actions will in future be civil disputes between a plaintiff and a defendant, rather than criminal matters.

In countries such as Mexico in the Civilian tradition, defamation is often a criminal rather than a civil matter; whereas, in countries such as Ireland in the Common Law tradition, it is usually a civil matter. Nevertheless, even in common law countries, defamation can occasionally have criminal consequences; and there is still a crime of libel at Irish law (see, for example, the Law Reform Commission‘s Consultation Paper (html | pdf) and Report (html | pdf) on the Crime of Libel). However, Part 5 of the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) proposes to abolish the crime of libel (section 34) and replace it with a considerably more circumscribed crime of publication of gravely harmful statements (section 35).…

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Filibustering the Defamation Bill? Surely not?

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| Cinema, television and theatre, Defamation, Irish Law, Irish Society, Media and Communications, Politics

Poster for 'Mr Smith Goes to Washington' via AOLFilibuster: (noun) an action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures.

The word originates in words of piracy, such as the French ‘flibustier’, the Spanish ‘filibustero’ and the Dutch ‘vrijbuiter’, all etymologically equivalent to ‘freebooter’. The 1939 movie ‘Mr. Smith Goes to Washington‘, directed by Frank Capra (nominated for two oscars for this movie), stars Jimmy Stewart, in his patented role of a young naif, this time oscar-nominated as a newly elected Junior Senator Jefferson Smith. The climax of the movie is a filibuster staged by Mr Smith in the Senate so that there would be enough time to expose the corruption of his mentor, Senator Joseph Harrison Paine, played by the also oscar-nominated Claude Rains.

I have already commented on the slow progress of the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) and the number of red herrings in the debate, and concluded that it had become increasinlgy unlikely that the Bill would be enacted before the election. Now, from yesterday’s Order of Business in the Seanad (html | pdf to follow | Irish Times report (sub req’d)), a cynical explanation: a filibuster!…

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The Defamation Bill and the art of fugue (though not fudge)

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| Defamation, Defamation Bill 2006, Freedom of Expression, Irish Law, Media and Communications

JS Bach via jsbach.orgYesterday, 21 March, was not only the Vernal or Spring Equinox, but also the anniversary of the birth, in 1685, of JS Bach (pictured left; see jsbach.org | wikipedia | baroquemusic.org) – composer of the Art of Fugue. It was also the day on which – stop press – during yesterday’s resumed Seanad debate (html | pdf to follow | Irish Times report (sub req’d)) on the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) Minister McDowell denied that he is a “fascist”, and insisted that he is “a liberal and a republican politician”! Whatever about the newspaper comments which provoked these declarations, or even some of the language he himself used in reponse to an effete lefty pinko commentariat? (Senator Norris’s summary of the Minister’s various pronouncements), nevertheless, at least on the issue of defamation, Minister McDowell yesterday once again proved himself on the side of the angels, declining many opportunities to fudge important issues of principle in the Bill.

During the debate, the members of the red herring school of debating were out in force again, …

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The Press Council comes closer every day

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| Defamation, Defamation Bill 2006, Freedom of Expression, Media and Communications, Press Council

Press Council and Ombudsman logoThis week saw the launch of the website for the Office the Press Ombdsman and Press Council of Ireland – already much discussed on this blog. [Update (3 January 2008): the website has been revamped and is now available here). All told, it is a rather elegant, user-friendly, and comprehensive website, which will, for example, make it easy for a member of the public to contact the Council with a complaint. This comes hot on the heels of last week’s advertisments seeking applications from members of the public to serve as members of the Press Council. …

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Senator Norris and the Defamation Bill

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| Defamation, Freedom of Expression, Media and Communications

Senator NorrisThe Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) is currently being debated in the Seanad (Senate). The system of giving a Bill various readings (BBC | wikipedia) refers to an ancient practice in the House of Commons by which a Bill would actually be read out, first when it was introduced (the first reading), again whilst it was being debated (the second reading), and finally in its form for enactment after amendment (the third reading). More recently, a further stage, a committee stage, is often interposed between second and third readings: if the second reading debates the general principles of a Bill, then the detailed section-by-section scrutiny will take place at committee stage. Bills are usually initiated in the Dáil (lower House), and then reviewed in the Seanad, but the Government has in the last few years demonstrated a tendency to introduce Bills in the Seanad first, often for the purposes of detailed consideration and debate before being sent to the Dáil. The reason for this system of various readings of Bills in both Houses of the Oireachtas (ie, the Parliament) is to allow Bills to be publicly scrutinized and debated, and the Defamation Bill is currently undergoing that process with a detailed committee stage in the Seanad in which Senator David Norris (Ind, representing the University of Dublin (Trinity College); pictured left; website | blog) has made several energetic interventions – in the process, he has made one excellent point and one wrong-headed one.…

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Defamation Bill in the Seanad, or, where are the ISPs?

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| Defamation, Defamation Bill 2006, Freedom of Expression, Media and Communications

Seanad chamberThe Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) was introduced in the Seanad (Senate; pictured left) on 7 July 2006, and its passage through the Houses of the Oireachtas (Parliament) can be followed here. The second reading began on 6 December 2006 with a set-piece debate, of rather predictable if occasionally interesting speeches, which rather got lost in the coverage of that day’s Budget; and the committee stage continued on 20 and 28 February 2007 with some conventional skirmishing and the occasional grand-standing set-piece battle. The terms of the Bill were outlined briefly in my previous post, so I’d like in this post and the next to turn to a consideration of some of the comments made on the Bill during the Seanad debates so far.

Senator Joanna Tuffy (Labour) (website | blog) suggested an amendment to the Bill to protect those, such as secretaries, who type letters on behalf of others, so that if the letter turns out to be defamatory, the plaintiff has to sue the author not the secretary (see 186 Seanad Debates cols 288-290 (20 February 2007); html | pdf). …

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Defamation Bill slopes towards enactment

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| Defamation, Freedom of Expression, Media and Communications

Cathaoirleach's BellThe Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) was before the Seanad again during the week. In my next post, I’ll consider some of the points made during that debate; in this post, by way of background, I want to set out the Bill’s main provisions. It aims to modernise Irish defamation law, and it is certainly an advance on what is there now. However, it is still ungenerous, and it remains to be seen whether its passage through the Houses of the Oireachtas will improve it (or, God help us, not!).…

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