Jim O'Callaghan plans to reform defamation legislation in aftermath of Gerry Adams's High Court victory
A law lecturer in Trinity College Dublin said no defence under Section 26 of the Defamation Act 2009 — which allows publishers to argue publication was fair and reasonable and in the public interest — has ever succeeded in this country.
It comes as Gerry Adams was last week awarded €100,000 in damages after being defamed in a BBC documentary and news article.
The jury last week rejected defences put forward by the BBC that the allegation was published in good faith and that it was fair and reasonable to do so.
Section 26 of the Defamation Act 2009 outlines the possible defence of fair and reasonable publication, citing the need for the publication to be in good faith and for the public benefit.
'As our legal team made clear, if the BBC's case cannot be won under existing Irish defamation law, it's hard to see how anyone's could,' said the head of BBC Northern Ireland Adam Smyth, speaking after the jury's decision.
Defamation reforms passed committee stage in the Dáil at the end of April and are being passed 'as a matter of priority'
Eoin O'Dell, a law lecturer in Trinity College Dublin, said that no Section 26 defence has ever succeeded in this country.
He said the Adams case 'shows how limited a defence it is for media'. He said the defence needs to be simplified, as had happened with defamation law in England.
The Department of Justice confirmed that Jim O'Callaghan intends to bring forward an amendment 'to provide for a clearer and simpler defence of fair and reasonable publication in the public interest'.
The Government has also promised to pass defamation law reforms with safeguards against strategic lawsuits against public participation, also known as SLAPP suits.
Defamation reforms passed committee stage in the Dáil at the end of April, and are now being passed 'as a matter of priority', said the spokesperson at the Department.
Sinn Féin sources this weekend said that even though they believe the former party leader's reputation has now been restored, he will not be running in the race for the Áras later this year.
Sinn Féin members have been asked by party headquarters for their ideas on how the party should approach the presidential election.
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