Pat Kenny on Radio 1 about Ennis anti social behaviour

Mr. G

I must say that any time the Gardai have been called out over anti social behaviour, they have been very quick to respond and do come in a matter of minutes.

Hunchback

MrsD007 wrote: »

If he identifies or names a particular sector of society, that particular group could sue him and the media outlet that carried his report.

It would be extremely irresponsible of him to make claims that he can't fully support. Many of the people he interviewed could give lots of examples of distressing incidents but they also said that they wouldn't call the Gardaí. It's not Brian's fault that there haven't been any prosecutions to date.

Its definitely best to err on the side of caution.


But I don't think you can be sued by, for example, a cultural or ethnic minority for what you say. It'd have to be a named or clearly implied individual or individuals, I think, but I'm open to correction on that..

Lady Chatterton

CKonetheonlyone wrote: »

Its definitely best to err on the side of caution.


But I don't think you can be sued by, for example, a cultural or ethnic minority for what you say. It'd have to be a named or clearly implied individual or individuals, I think, but I'm open to correction on that..

Actions have been taken in the past by advocates representing minority groups who felt they were discriminated against etc.

pilate 1

Mr_Grumpy wrote: »

I must say that any time the Gardai have been called out over anti social behaviour, they have been very quick to respond and do come in a matter of minutes.

and do what mr grumpy ?

Balagan

brianoc wrote: »

Like I said, I'm not going to comment on that. If and when successful prosecutions are made, then I'm sure I'll look at revisiting it.

Am very glad that the late great Mary Raftery didn't say that before she made States of Fear and Cardinal Sins!

There was an opportunity here for you to make a difference by reporting more bravely in this story and reporting the whole story and not half of it. I do not have the right to expect that you do what journalists throughout the country have largely failed to do but I hope that you find a way to revisit the story sooner rather than later and do right not just by RTE and its understandable fear of libel but that, with RTE's backing, you report fully on who is bringing fear and misery to the frightened and trapped people you interviewed in your own home town. The truth is never libellous.

Lady Chatterton

Balagan wrote: »

The truth is never libellous.

I have to disagree - I think you're being naive.


For example:

I might know that my neighbour is beating their partner up, the Gardaí might have been called to the house on numerous occasions too but if I decide to come out and publicly state that my neighbour is violent and is assaulting their partner, I can be sued.

If the victim isn't prepared to make a statement or support my claim, it is very difficult for me to prove wrong doing so I'm sure the court wouldn't be long finding in favour of the plaintiff and I'd be left in debt.

brianoc

CKonetheonlyone wrote: »

Its definitely best to err on the side of caution.


But I don't think you can be sued by, for example, a cultural or ethnic minority for what you say. It'd have to be a named or clearly implied individual or individuals, I think, but I'm open to correction on that..

That's not correct.

Boards.ie: Niamh

Clareman wrote: »

Welcome to boards.ie brianoc,

As a public figure I'm sure you are aware of the power of social media and the importance of protecting ones identity, especially when anyone can assume an online identity, with that in mind it would be great if you could contact hello@boards.ie to verify your identity and to make sure it's not someone else simply registering a name similar to that of a reporter.

I would have sent this over PM except I don't think new users can receive PMs until they reach a certain post count.

Just to confirm that Brian has been in contact with us by email to confirm that the brianoc account is his.

Palmach

MrsD007 wrote: »

If he identifies or names a particular sector of society, that particular group could sue him and the media outlet that carried his report.

No they couldn't.

Palmach

MrsD007 wrote: »

I have to disagree - I think you're being naive.


For example:

I might know that my neighbour is beating their partner up, the Gardaí might have been called to the house on numerous occasions too but if I decide to come out and publicly state that my neighbour is violent and is assaulting their partner, I can be sued.
.

If you said you heard screaming and violence and the Guards were called you could say you thought it was you neighbour beating up your partner.

Lady Chatterton

Palmach wrote: »

No they couldn't.

Brian received legal advice not to name or identify the people who are alleged to be involved because there haven't been any prosecutions, other media outlets appear to have received the same advice too as they haven't identified those involved. He'd be a foolish man to ignore the legal advice he has received as it could leave him liable to being sued as an individual.

Palmach wrote: »

If you said you heard screaming and violence and the Guards were called you could say you thought it was you neighbour beating up your partner.

I don't understand the point your making

Palmach

MrsD007 wrote: »

Brian received legal advice not to name or identity the people who are alleged to be involved because there haven't been any prosecutions,

Yes the individuals concerned but not a group. There is also the defence of fair and reasonable publication on a matter of public interest. I have found that it is easier for legal people to say no with the corresponding stifling of public debate.

Lady Chatterton

Palmach wrote: »

Yes the individuals concerned but not a group. There is also the defence of fair and reasonable publication on a matter of public interest. I have found that it is easier for legal people to say no with the corresponding stifling of public debate.

Yes, but to be fair to Brian and RTÉ they have to accept the legal advice they are given, if they don't, any insurance they might have to cover libel actions could be rendered void, very few media outlets can afford to take that risk.

Palmach

MrsD007 wrote: »

Yes, but to be fair to Brian and RTÉ they have to accept the legal advice they are given, if they don't, any insurance they might have to cover libel actions could be rendered void, very few media outlets can afford to take that risk.

Fair point.