My reading of the Bill is that some of the new ‘defences’ seem to provide stronger protection to members of the Press Council. Maybe I’m reading it wrong.

Here’s what I mean: under the defence section titled ‘fair and reasonable publication’ it says that the court shall take into consideration a number of factors in whether something is a fair and reasonable publication.

Part (f) says: “In the case of a statement published in a periodical, the extent to which the publisher of the periodical (ii) abided by decisions of the Press Ombudsman and determinations of the Press Council”.

So if you’re not a member of the Press Council, how can you receive determinations or get a decision from the Press Ombudsman?

I’m worried about a two-tier system arising. if a blogger has the guts to make a stand on an issue and looks to the Press Council or Ombudsman for guidance, will he/she be politely told ‘sorry, doesn’t apply to you’.

Fergus