Journalism and the Law

ayala89

hi guys

can anyone help me with this one?

What over-riding motive should be present for a journalist to be able to refuse revealing his sources without fearing contempt of court?

green909

you will get a better answer for this in the legal discussion thread

Raphael

green909 wrote: »

you will get a better answer for this in the legal discussion thread

Good Idea - moved from UCD.

FreudianSlippers

It's not really clear whether or not journalistic privilege exists in this jurisdiction at the moment. I'd imagine that it really depends on the case in question.
I believe the most recent major case in this regard is Mahon Tribunal v Keena [2009] IESC 64 - in that case Fennelly J allowed an appeal from the High Court and effectively allowed the journalist to protect his sources. But as far as I know the judgement is really confined to its facts and isn't regarded as affording any general journalistic privilege.

That's the most recent judgement I'm aware of, but I am open to correction.

ayala89

hi guys,
Any advice on these two questions would be really appriciated thank you in advance!

What is the law in IRELAND regarding Journalists having to reveal the identity of anonymous sources?



What the law in Ireland regarding media critcism of a judges decision? refer to any case law would help?



Thanks so much!!:)

Tom Young

Yep - I would tend to agree with last poster. There is also a challenge to the negative costs finding to the Supreme Court appeal heading for the ECHR last I heard.

Link to the Judgment: http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/90870229324e38bb80257604003c74c2?OpenDocument

If you drop down to Goodwin v UK, the logic of EU and ECHR Journalistic Privilege and Freedom of the Press is contained.

Tom

FreudianSlippers

Tom Young wrote: »

Yep - I would tend to agree with last poster. There is also a challenge to the negative costs finding to the Supreme Court appeal heading for the ECHR last I heard.

Link to the Judgment: http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/90870229324e38bb80257604003c74c2?OpenDocument

If you drop down to Goodwin v UK, the logic of EU and ECHR Journalistic Privilege and Freedom of the Press is contained.

Tom

Yeah, is that the Irish Times case?

Tom Young

Yes, the one you mentioned I believe. Sorry, you had already linked it in. Oops.

You asked this question and it was answered 4 days ago.

In the first question I assume you highlighted Ireland with capital letters because you don't want European judgments but they are really the only indicators we have. Even the leading cases on journalistic privilege in Ireland fail to substantially establish any guidelines for it.

In terms of the second question, criticism of judgments occurs all the time and is obviously permitted. However if the criticism is intended to be abusive about a judgment or a trend in a number of judgments then it can be considered "scandalising the court".

In The State (DPP) v Walsh [1981] IR 412, O'Higgins said of scandalising the court:

It is not committed by mere criticism of judges as judges, or by the expression of disagreement – even emphatic disagreement – with what has been decided by a court. The right of citizens to express freely, subject to public order, convictions and opinions is wide enough to comprehend such criticism or expressed disagreement.
Such contempt occurs where wild and baseless allegations of corruption or malpractice are made against a court so as to hold the judges “… to the odium of the people as actors playing a sinister part in a caricature of justice” – per Gavan Duffy P in The Attorney General v Connolly

In practical terms there is an element of mens rea required for the offence so you must have intended to scandalise the court when you made the criticism. There was a case involving the Sunday World that I had a quick look for but can't find that I am sure was to do with criticising a court about caring more about money than child welfare or something along those lines.

In any case, the courts will allow criticism but not if the intent and effect of such criticism is to undermine the administration of justice and the authority of the courts.

Bosco boy

ayala89 wrote: »

hi guys

can anyone help me with this one?

What over-riding motive should be present for a journalist to be able to refuse revealing his sources without fearing contempt of court?

most likely reason would be that they made up the story in the first place and have no sources to reveal.