Fine Gael's proposals on reform of the libel laws, presented yesterday by Mr Michael Noonan and his deputy, Mr Jim Mitchell, reflect a fair and honest attempt to come to grips with one of the longest-standing anachronisms in Irish jurisprudence.
Ireland's laws on libel have not been modified for more than half a century. Successive administrations have refused to engage with the consequent problems, ignoring the clearest lead from the Law Reform Commission almost 15 years ago, and in spite of repeated assurances to the electorate and to publishing interests. Irish libel law uniquely makes it impossible for a newspaper to publish an apology in response to a libel allegation without acknowledging full culpability, thereby leaving itself defenceless against whatever financial penalties are to follow.
The result has been a standoff. Media practitioners and proprietors have declined to support the establishment of an independent press council or ombudsman without parallel reform of the libel laws. Aggrieved persons are thus obliged to take the risky and expensive route of court action in order to gain redress in many cases. Publishers and journalists are obliged to meet punitive costs and damages in cases which might otherwise have been resolved, if not amicably, then inexpensively.
Fine Gael is willing to introduce legislation to eliminate many of these anomalies. In return, they would expect the media interests to buy into the establishment of an independent press ombudsman's office. They would want to tighten the law on privacy. And they would want to extend certain legal protection to the reputations of those who have died.
By and large, the media would regard these proposals as a reasonable quid pro quo. But they will also remember that promises have been made by Opposition parties in the past which have not been delivered upon in office. They may also recall that it was a Fine Gael Minister, Richard Bruton, who in 1995 established the Commission on the Newspaper Industry, chaired by former Chief Justice, Mr Justice Finlay. No action has ever been taken to give effect to any of its main recommendations.