Privacy Bill 2006 puts electronic media at risk

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While the new Privacy Bill 2006 conveys some minor defences (sec 5) to the print and broadcast media in their “newsgathering” activities, in typical oirish government fashion, these defences do not extend to the electronic media!

This deficiency could even affect sites on the periphery such as boards.ie.

The only solution AFAICS for someone who publishes a website involved in newsgathering activities is to publish the website every so often in printed form and sell it as a “periodical”!

How much more backward can Ireland get!?

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http://www.oireachtas.ie/documents/bills28/bills/2006/4406/b4406s.pdf

maidhc

“periodical” means any newspaper, magazine, journal or other publication
that is printed, published or issued, or that circulates, in the
State at regular or substantially regular intervals and includes any
version thereof published, in whole or in part, on the internet or by
other electronic means.

That wording seems sound enough to me! Publication can be construed as something broader than a process involving dead trees and carbon.

I do not think that boards.ie would avail of the defence, but, should it?

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maidhc wrote:

That wording seems sound enough to me! Publication can be construed as something broader than a process involving dead trees and carbon.

Read it again! It only covers electronic publications that are "printed, published or issued" in the State... and "any version thereof published, in whole or in part, on the internet or by other electronic means." The key words being "versions thereof". If the electronic publication exists on its own and has no printed stablemate, it can't use the newsgathering defense in the bill.

I do not think that boards.ie would avail of the defence, but, should it?

Who knows? Boards is an open ended medium and content that constitutes "news" to us appears from time to time. If this offends someone who takes legal action to muzzle boards - even shut it down, it won't be able to rely on the newsgathering defense in this bill.

There is an interesting editorial on the bill in today's Irish Times which looks as if it was written with legal advice as input to the editorial. Well worth a read. This bill is censorship of the worst kind!

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maidhc

probe wrote:

Read it again! It only covers electronic publications that are "printed, published or issued" in the State... and "any version thereof published, in whole or in part, on the internet or by other electronic means." The key words being "versions thereof". If the electronic publication exists on its own and has no printed stablemate, it can't use the newsgathering defense in the bill.

Thanks for the tip on the Times. Although I did a masters thesis on privacy law and have written a fair bit on the subject, I can't say I am completely convinced by this Privacy Bill. Mr. McD stating it is required by the Von Hannover judgment is either a lie or hypocrisy depending on your attitude.

However the bare concept of "publishing" appears to have been interpreted in most jurisdictions to refer to electronic publishing where defamation was concerned. But it seems a messy and overly complicated kind of wording alright!