O’Rorke on the Defamation Act
Writing in today’s Irish Times, Andrew O’Rorke, Chairman of Hayes Solicitors who are that paper’s legal advisors, welcomes the recent commencement of the Defamation Act, 2009 (much as the Editor did at the time of its enactment):
…Defamation Act will facilitate more sensible, efficient justice
… The impetus to change the law on defamation originated in 1987. … Government has always been suspicious of media’s perception of its own importance to society. It is an uneasy relationship, which has probably deteriorated in recent times with the increasing examination and analysis of executive action and conduct. There was a marked reluctance to proceed with new legislation, as is evidenced by the almost 20-year gap in finally introducing the Bill in 2006 and the delays since then, …
Freedom of expression is a fundamental right, a cornerstone of any democratic, tolerant society, and when sought to be exercised by journalists it should be for the benefit of and on behalf of that same society and the public’s right to know. It is a precious right, but not one that can be exercised in defiance of others’ rights and certainly not if it vilifies another person or paints an untrue picture of that person, their character or actions, which is the essence of defamation.
