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newspaper printed my name in court appearance

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  • 24-11-2009 8:33pm
    #1
    Panda Bear
    Closed Accounts Posts: 61 ✭✭


    Does anyone know if a local paper are allowed to print your name and address and every word of your statement.

    I was forced to appear in a very sensitive case against my will and our local paper printed my Name and Address and everything I said.

    I now fearful of reprisals or hate mail or other forms of intimidation
    Has anyone of you ever been arrested and forced to apear in court following you have given a statement 2 year ago.


    experience or opinions welcom please
    Tagged:


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    #2
    cogITere
    Closed Accounts Posts: 12 ✭cogITere


    Unfortunately they are, once the statement is made in open court and there are no specific orders from the Judge preventing them!

    Select any local paper, from any region, and you will often find more than one page, if not the entire paper, filled with the court appearances and the judgments were relevant.

    A local paper needs only to report on the local court appearances & local sport to sell!


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    #3
    Panda Bear
    Closed Accounts Posts: 61 ✭✭Panda Bear


    Is this true even when it compromises the person or is it up to the journalist ( if you could call them such ) to excercise moral judgement or must they truely report everything ? your thought are welcome.


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    #4
    r14
    Closed Accounts Posts: 205 ✭✭r14


    It is true. Defamation Act 2009, s 17(2)(i).

    "it shall be a defence to a defamation action for the
    defendant to prove that the statement in respect of which the action
    was brought was—
    (i) a fair and accurate report of proceedings publicly heard
    before, or decision made public by, any court—
    (i) established by law in the State, or
    (ii) established under the law of Northern Ireland    "

    Even if you could prove some tangible harm once the paper can show they were just publishing an acurate report of the court proceedings they would have a good defence.

    Remember justice must be done in public (subject to some limited exceptions) and reporting on court proceedings is just an element of this so it would be quite hard to succeed in a claim.


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    #5
    Panda Bear
    Closed Accounts Posts: 61 ✭✭Panda Bear


    If it be the cause that information be made public can the judge rule that it should not be printed and only be privy to those in the court that day as the court I accept is a public place.

    In this country can we not be assured that the law is done until those willing to give statement and evidence are protected or will it all end in a shamble of "I cannot recall "or "I dont remember"

    when does it become public knowledge to everyone, even those who did not attend. What are the limits and constraint that may be applied


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    #6
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The 2009 Defamation Act is not in force. Courts are held in public and reports are, as they are, in public.


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    #7
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Panda Bear wrote: »
    If it be the cause that information be made public can the judge rule that it should not be printed and only be privy to those in the court that day as the court I accept is a public place.

    Nope
    Panda Bear wrote: »
    In this country can we not be assured that the law is done until those willing to give statement and evidence are protected or will it all end in a shamble of "I cannot recall "or "I dont remember"

    Don't understand the question if this is a question.
    Panda Bear wrote: »
    when does it become public knowledge to everyone, even those who did not attend. What are the limits and constraint that may be applied

    No limits in a case like this. No contraints in a place like this. Becomes public whenever the public hear about it.
    Panda Bear wrote: »
    Is this true even when it compromises the person or is it up to the journalist ( if you could call them such ) to excercise moral judgement or must they truely report everything ? your thought are welcome.


    The journalist can print whatever they want. It becomes defamatory only if it is not a fair and accurate account of the proceedings.


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    #8
    r14
    Closed Accounts Posts: 205 ✭✭r14


    Tom Young wrote: »
    The 2009 Defamation Act is not in force. Courts are held in public and reports are, as they are, in public.

    True but it codifies the existing position very well. Easier to point to a bit of legislation as a guide than to start quoting case law - especially as we're not allowed give legal advice.


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    #9
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    r14 wrote: »
    True but it codifies the existing position very well. Easier to point to a bit of legislation as a guide than to start quoting case law - especially as we're not allowed give legal advice.

    True.


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