Defamation (Amendment) Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2025-12-03
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Michael McDowell (IND), National University of Ireland

I am glad the Minister is saying that. However, my point was simply relating to the provision in section 34N that in "awarding costs in respect of proceedings in respect of which the court issued an invitation under section 34M(1)(a)", which is for specified ADR procedures, the court may, "where it considers it just", have regard to the factors set out thereunder. The Minister might give this further consideration between now and Report Stage. I fully understand why the provision is drafted as it is but it seems to me it perhaps should be widened to cover periodical publications that are not part of the Press Council regime. It seems to me it does not do that. It is too specific in that the definition of specified ADR procedures in relation to print publications is restricted to the conduct of members to which the second Schedule to the 2009 Act applies. The Minister should consider widening it a tiny bit. I am not going to make a federal case of it but I think it is too narrow. The 2009 Act foresaw that some newspapers and periodicals, for whatever reason, would not subscribe to the Press Council's jurisdiction. It seems to me they should be capable of being the subject of ADR to the same extent as are journalists who are part of the Press Council.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-03/debate/main
Retrieved: 2026-08-14T04:54:25+00:00
Sitting date: 2025-12-03