Category: Defamation Bill 2006

Defamation Bill passed by the Seanad

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| Blasphemy, Defamation, Defamation Bill 2006

A guillotine, via The Guillotine Headquarters websiteHaving been passed by the Dáil (lower house of parliament) earlier this week, today’s papers are full of the news that the Defamation Bill, 2006 was passed yesterday by the Seanad (upper house of parliament) (the full debate is here); all that is now required for it to become law is the signature of the President.

However, even at this late stage, there was still time for another twist on the Bill’s sinuous route into law. From the front page of this morning’s Irish Times:

Defamation Bill stumbles through Seanad after lost vote

The Government lost a vote in the Seanad yesterday on the Defamation Bill but managed to salvage the legislation by calling for a walk-through vote which gave enough time for two missing Senators to be found.

The Government defeat came on an amendment to the Bill proposed by Senator Eugene Regan of Fine Gael proposing to delete the provision in the legislation making blasphemy a crime.

In an electronic vote whereby Senators press a button, the Government was defeated by 22 votes to 21 in the 60-member upper house.

However, Fianna Fáil whip Diarmuid Wilson immediately requested a walk-through vote which takes about 10 minutes to complete.

…

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Defamation Bill passed by the Dáil

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| Blasphemy, Defamation, Defamation Bill 2006

A guillotine, via The Guillotine Headquarters websiteAs recently prefigured on this blog, the Government has indeed used the legislative guillotine to force through their final amendments to the Defamation Bill, 2006. According to the RTÉ news website:

Libel law revisions pass the Dáil

The legislation to revise the country’s libel laws has been passed in the Dáil and will now go to the Seanad. …

Update (9 July 2009): Dáil debate focuses on Defamation Bill (Irish Times); Libel and blasphemy bill passed by the Dail (Irish Independent); Dáil Debate (Vol 687, No 4; 8 July 2009).…

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When is a guillotine a good thing? When it’s used on a Defamation Bill?

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| Blasphemy, Copyright, Defamation, Defamation Bill 2006

A guillotine, via The Guillotine Headquarters websiteIn this morning’s Irish Times:

Defamation Bill to pass within weeks

The Bill to reform Ireland’s libel laws is likely to be enacted within a fortnight, three years after it was published. The Defamation Bill was introduced by then minister for justice Michael McDowell in 2006 to repeal the existing legislation which dates from 1961.

The original government decision to approve the drafting of the new Bill was made as far back as June 2005 … the remaining stages of the Bill will be taken in the Dáil and Seanad over the next two weeks, with the Bill expected to complete its passage through the Oireachtas on July 10th, the last sitting day before the summer recess.

After dragging their heels for so long, this is to be achieved by means of a legislative guillotine:

Guillotine allows ‘one minute 20 seconds’ per amendment

A guillotine on housing legislation allowed just one minute and 20 seconds for each of the 170 amendments to be dealt with, Labour whip Emmet Stagg told the Dáil in repeated criticism of end-of-term deadlines. …

A further sotry in the same edition of the Irish Times lists Bills which are likely to be guillotined, including the Defamation Bill:

Coalition to ‘guillotine’ debate on Bills

The Government will “guillotine” debate on at least 17 Bills in the last three weeks of the Dáil before the summer recess, Opposition parties have claimed.

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Criminal libel; one faltering step forward, now two steps back

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| criminal libel, Defamation, Defamation Bill 2006

Houses of the Oireachtas, via their websiteA little more than a month ago, I wondered why legislators are so loath to repeal criminal libel provisions. However, in a subsequent post, I acknowledged that section 34 of the Defamation Bill, 2006 as introduced provided for the abolition of the common law offences of criminal libel, seditious libel and obscene libel. It now seems that I wrote too soon and that my original skepticism was justified. No sooner had my fingers left the keyboard on the second post than news came that the Bill had returned to the top of the legislative agenda. The Committee on Justice, Equality, Defence and Women’s Rights has begun the Committee Stage of the Bill. Several amendments (pdf) are being considered, almost all of which are retrenchments upon the advances made in earlier drafts of the Bill.

It seems to me that the longer it takes to enact the Bill, the more restrictive it becomes. Nowhere is this more true than in the case of criminal libel. Head 65(1) of the draft Bill appended to the Report of the Legal Advisory Group on Defamation (pdf) (disclosure: I was a member of the Group) provided for the abolition of the common law offences of criminal, blasphemous, seditious and obscene libel.…

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Where stands the Defamation Bill, 2006 on the Government’s legislative agenda?

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| Defamation, Defamation Bill 2006

Houses of the Oireachtas, via their websiteWith all the coverage of Government ins and outs at Minister of State level, it was easy to miss yesterday’s announcement by Government Chief Whip Pat Carey of the Legislative Programme for the coming parliamentary session (Irish Times report | Government press release). According to the Dáil Éireann Order Paper for 22 April 2009 (pdf), this continues to include the long-delayed Defamation Bill, 2006. The Minister for Justice, Dermot Ahern, has recently stated his hope that the Bill would become law by the Summer, so its continuing inclusion on the Order Paper is to be welcomed. It is currently becalmed in the Joint Committee on Justice, Equality, Defence and Women’s Rights. That committee completed its work on the Tribunals of Inquiry Bill, 2005 at its last sitting earlier this month, and is scheduled (pdf; see also here) to take up the Arbitration Bill, 2008 today. To stand any chance of enactment either side of the Summer, the Defamation Bill will have to be taken next. As to that, we shall have to wait and see.…

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Cowengate and seditious libel

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| Defamation, Defamation Bill 2006, Sedition

Staute of John Wilkes, via WikipediaI wonder whether anyone has suggested that Conor Casby’s caricatures of Cowen constitute a seditious libel? It’s not that fanciful a question: the common law crime still exists, and has been used against milder criticism. But the mere fact that the question can be asked in this context demonstrates just how ridiculous the crime actually is. It’s on the way out in Australia. Now, thankfully, its days may now finally be numbered, both in Ireland and in the UK too!

As for Ireland, the Minister for Justice suggested this week that we could see the enactment of the Defamation Bill, 2006 before the summer. Since it was introduced in July 2006, the Bill has suffered more delays than Ryanair, to say nothing of the long journey to reach that point which began with the work of the Law Reform Commission in 1991 (Consultation Paper and Report on the Civil Law of Defamation; Consultation Paper and Report on the Crime of Libel). The tortuous passage of this Bill through the Oireachtas has taken so long that I won’t hold my breath, but the fact that it is likely to recommence its less-than-steady progress is welcome news nonetheless. One of the many great benefits of this enactment will be the abolition of the common law crime of seditious libel.…

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The good, the bad, and the ugly

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| advertising, Defamation, Defamation Bill 2006, Press Council, Privacy

Poster for movie 'The good, the bad and the ugly' via the Rotten Tomatoes movie website.Three stories from today’s Irish Times caught my eye. First, the good. The Press Council of Ireland and the Office of the Press Ombudsman launched their first annual report yesterday. The press industry undoubtedly did a good thing in establishing the Press Council and the Ombudsman, and yesterday’s report on the first year of operation shows the wisdom of that decision. The launch of the report is covered in the Home News section of the Irish Times, and welcomed in the lead editorial . From the report [with added links]:

Praise for complaints system after release of Press Ombudsman’s report

AGGRIEVED READERS made over 370 complaints about newspapers and magazines last year during the Press Ombudsman‘s first year of work, his annual report reveals. … Reviewing the performance of the Press Council of Ireland and the Office of the Press Ombudsman in their annual report published yesterday, council chairman Prof Tom Mitchell said the innovative and effective regulatory system offered significant benefits to the press and public. …

Moreover, speaking at the launch, the Minister for Justice, Dermot Ahern, said he hoped that the long-delayed Defamation Bill, 2006 would become law by the summer, an aspiration which Prof Mitchell greeted as “wonderful news”.…

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