Ombudsman calls defamation evidence ‘disquieting’
SINN Féin clashed with Government representatives yesterday over the party’s ‘chilling’ approach to suing individual journalists.
The Oireachtas Media Committee sat yesterday to hear from publishers and radio stations calling for reform of defamation legislation. Multiple Government representatives took the chance to ask stakeholders if Sinn Féin in particular is taking more cases against the media than others.
Susan McKay, the Press Ombudsman, said: ‘We think this applies equally to all parties and all public figures; we’re not – as some are – singling out any particular party or individuals in relation to this.’
However, she said it was ‘disquieting’ to hear evidence from other witnesses who said the mere threat of legal action sometimes made a story unviable.
Sinn Féin justice spokesperson Pa Daly attended the meeting in lieu of his party colleague and committee member Chris Andrews, who is suing The Irish Times and its political correspondent Harry McGee.
Mr Daly said: ‘I’m somewhat encouraged by the responses to some of the questions that were asked, maybe unwisely, by some of my colleagues here today. And it reminds me of the advice usually given to young solicitors: to not ask a question unless you know what the answer is going to be.
‘The Government priorities may still be set in the 1980s Section 31 mindset.’
Section 31 was legislation dating from the Troubles that was primarily used to prevent RTÉ interviews with spokespersons for Sinn Féin or the IRA. Mr Daly suggested individual journalists may be ‘indemnified’ personally from being sued. This month, a Belfast judge threw out what he called a ‘scandalous, frivolous and vexatious’ libel case brought by Sinn Féin MLA Gerry Kelly against the journalist Malachi O’Doherty.
Responding to Mr Daly yesterday, Fianna Fáil senator Malcolm Byrne said: ‘I do find it chilling, this idea of individual journalists being targeted, certainly in the case of Malachi O’Doherty. And I would say to you, rather than indemnifying individual journalists, I would encourage you as justice spokesperson, rather than a member of your party targeting an individual journalist with a defamation action... there are mechanisms which we’ve discussed here today [that could be used instead].’
Mr Daly said it was ‘unfortunate’ that Mr Byrne was bringing up individual cases.
The remarks came as Newsbrands, which represents the print newspaper sector, told committee members that Irish news publishers were facing unwarranted and exaggerated claims for defamation which are threatening public interest journalism.
The group was represented by Business Post editor Daniel O’Connell, Connacht Tribune editor David O’Connell and DMG Media Ireland solicitor Michael Kealy.
The representatives told the committee that a ‘serious harm test’ for all defamation proceedings would alleviate the costs of such unwarranted claims.