The defence of responsible journalism must await another case
As the Supreme Court of Canada adopts a species of the responsible journalism defence to libel claims, the case that embodied the best opportunity that Irish law has had so far to do the same has come to an end. In Hunter v Duckworth, Ó Caoimh J in the High Court ([2003] IEHC 81 (31 July 2003)) seemed to approve of the defence (at least in the view of Charlton J in a later case), but the Supreme Court ducked the question and returned the case to the High Court. However, the case has now been settled. According to the Irish Times:
…English barrister apologises to two Birmingham Six
An English barrister has apologised before the High Court to two members of the wrongly jailed Birmingham Six who had sued him for defamation over a pamphlet written by him which contained material meaning, the men alleged, they were “mass murderers”.
Sir Louis Blom–Cooper QC in an apology read by his counsel Douglas Clarke yesterday, said he “sincerely regrets certain unintended inferences” which have been drawn from the publication of the pamphlet in 1997.
He said “an unqualified apology for any suggestion of the guilt” of Hugh Callaghan and Gerry Hunter was “overdue”.
