Defame academy

onan Petit may be about to discover that there’s a price for prankery. The Corkman gave many listeners a moment of guilty pleasure when he phoned Liveline and made some lewd suggestions about the relationship between Environment Minister Martin Cullen and his PR advisor Monica Leech (we couldn’t possibly repeat Petit’s comments - the incurably prurient among you will just have to trawl the internet like everyone else).
But now RTE has applied to the High Court for Petit to be attached to Monica Leech’s libel claim against the station. If Leech’s action is successful, he may have to foot half the bill.
Petit’s intervention came in December 2004, when Cullen was under pressure over suggestions of favoritism towards Monica Leech’s PR company, which had been given a juicy government contract (Cullen was later cleared of any impropriety by the official ethics watchdog). Presenter Joe Duffy cut the line immediately and apologised on-air. It may have been intended as a joke. But neither Leech nor the Minister saw the funny side of things. Nor, it seems, do RTE.
According to journalist and media commentator Eddie Holt, it’s not the first time someone has made a dubious comment on-air: “A fella rang up a Limerick radio station a few years ago. They were asking people how they’d like to be buried, and he said he’d like to be ‘buried’ in (a well-known Irish broadcaster and celebrity). That never came to court in the end.” But the Leech case is definitely breaking new legal ground, and will set a precedent for the future.
RTE have left themselves exposed to ‘pranksters’ such as Ronan Petit by broadcasting live without a 10-second delay - unlike many other stations. The station is tight-lipped about the upcoming case: neither Liveline nor the station’s lawyers were prepared to comment.
However, the broadcaster has confirmed that it has no intention of introducing a delay. The fact that callers are allowed on-air without any safety net may count against the station in the libel case.
Eddie Holt is dubious about RTE’s attempt to shift the legal burden onto the caller’s shoulders: “It’s a difficult question, but RTE should probably take full responsibility themselves, while pointing out how heroic it is for them to do so. That seems like the best approach in the long run.”
Although Petit can have had few doubts that his comments about Monica Leech were libelous, Holt agrees that it’s unfair to expect ordinary people to understand the ins and outs of Ireland’s notoriously complex defamation laws.
“They can’t be held as accountable as professional journalists, that wouldn’t be right.”
He believes that there’s a bigger picture that may be obscured by the salacious details of the Liveline action: “Martin Cullen looks like he’s going to get his way over a privacy bill in return for reform of the libel laws.”
This, Holt believes, would make it far more difficult for the media to scrutinise the rich and the powerful.
Minister for Justice Michael McDowell has moved recently to reform the Irish libel system, after years of lobbying from journalists. But McDowell has reportedly bowed to pressure from senior Fianna Fail politicians to include a privacy act as part of the reform package. 
The Leech case could set down a marker for future proceedings involving message boards. The spread of the internet has thrown legal conventions into turmoil, with the combination of anonymity and ease of access dramatically increasing the potential for defamatory comments. ISPs based in Ireland will be keeping an eye on RTE’s success or lack thereof.
Meanwhile, Ronan Petit told reporters who beat a path to his door that he would be unable to help RTE with its legal bills if Monica Leech wins the case – he has no money.
Mischievous bloggers are already urging people to take advantage of RTE’s straight-to-air policy. But anyone tempted should remember that they could be facing a six-figure legal bill for the sake of a quick laugh.b