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Law on publishing news stories.

  • 06-09-2014 5:30pm
    #1
    Registered Users, Registered Users 2 Posts: 27


    Hi all,

    I run a local blog / news website and I was wondering if somebody could help me clarify a few things:

    Recently, I received information from an anonymous source about the location of apartment blocks / street names where illegal activities had taken place. The source in question does not know if the activities in question are still occurring at these places.

    This information is topical to what has been happening recently and it would be of interest to the general public.

    However; I am not sure if I should publish the names of these streets or not.

    Can somebody give me their personal opinion on what steps they think I should take to avoid litigation or problems with the law in general?

    Thanks!


Comments

  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Hi all,

    I run a local blog / news website and I was wondering if somebody could help me clarify a few things:

    Recently, I received information from an anonymous source about the location of apartment blocks / street names where illegal activities had taken place. The source in question does not know if the activities in question are still occurring at these places.

    This information is topical to what has been happening recently and it would be of interest to the general public.

    However; I am not sure if I should publish the names of these streets or not.

    Can somebody advise me on what steps I should take to avoid litigation or problems with the law in general?

    Thanks!

    If its in the interest of the people why wouldnt you phone the Gardai, rather than putting it online? You want to publish hear say information, that is probably incorrect.


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    hfallada wrote: »
    If its in the interest of the people why wouldnt you phone the Gardai, rather than putting it online? You want to publish hear say information, that is probably incorrect.

    Given the specific / detailed nature of the information, I am of the opinion that it is correct. Also, the source did not come directly to me. Instead, I saw a comment of theirs and asked them to elaborate in private.


  • Registered Users, Registered Users 2 Posts: 1,560 ✭✭✭Wile E. Coyote


    Why do you think it would be in the interest of people for you to post unconfirmed details? I think it would be more in their interest of you were to give the details to the Guards and let them handle it. You can then post the full story and outcome in your blog.


  • Registered Users, Registered Users 2 Posts: 13,260 ✭✭✭✭Losty Dublin


    Given the specific / detailed nature of the information, I am of the opinion that it is correct. Also, the source did not come directly to me. Instead, I saw a comment of theirs and asked them to elaborate in private.

    The first rule of a news desk when a story comes their way.

    Is it a fact that this is so?

    Second rule.

    Did you check it out?

    Third rule.

    Did you double check it?

    Fourth rule.

    Has the duty editor checked it out as well?

    I don't think any of these apply in your case, do they?


  • Registered Users, Registered Users 2 Posts: 778 ✭✭✭Big Davey


    Is the illegal activity a brothel ?






    Hi all,

    I run a local blog / news website and I was wondering if somebody could help me clarify a few things:

    Recently, I received information from an anonymous source about the location of apartment blocks / street names where illegal activities had taken place. The source in question does not know if the activities in question are still occurring at these places.

    This information is topical to what has been happening recently and it would be of interest to the general public.

    However; I am not sure if I should publish the names of these streets or not.

    Can somebody give me their personal opinion on what steps they think I should take to avoid litigation or problems with the law in general?

    Thanks!


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  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    The first rule of a news desk when a story comes their way.

    Is it a fact that this is so?

    Second rule.

    Did you check it out?

    Third rule.

    Did you double check it?

    Fourth rule.

    Has the duty editor checked it out as well?

    I don't think any of these apply in your case, do they?

    I don't think that they can apply in my case, to be honest. Due to the tone, nature and details of the conversation, I believe that the source was being honest.


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Big Davey wrote: »
    Is the illegal activity a brothel ?

    Would that matter?


  • Registered Users, Registered Users 2 Posts: 778 ✭✭✭Big Davey


    Would that matter?
    Did I say it would matter ? It is a simple question. It depends on the nature of the illegal activity whether it makes a good story for example:
    If it's a brothel or a grow house it would not make much of a story as they are in most towns in Ireland and the dogs on the street know that.
    What makes you sure you have a good story or anybody even cares about it ?


  • Registered Users, Registered Users 2 Posts: 13,260 ✭✭✭✭Losty Dublin


    I don't think that they can apply in my case, to be honest. Due to the tone, nature and details of the conversation, I believe that the source was being honest.

    Unless you can be cast iron sure of your facts and be able back them up, you shouldn't run with this story at all. If you trust your source then fine, go with it. Personally, I think you are asking for trouble :)


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Unless you can be cast iron sure of your facts and be able back them up, you shouldn't run with this story at all. If you trust your source then fine, go with it. Personally, I think you are asking for trouble :)

    What kind of trouble would I be opening myself up to?


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    What kind of trouble would I be opening myself up to?

    1. Defamation proceedings

    2. A discussion with some gentlemen carrying baseball bats


  • Moderators, Society & Culture Moderators Posts: 9,777 Mod ✭✭✭✭Manach


    From what I remember in cases, the Courts are somewhat lenient to both protecting press freedoms and allowing dissemination of material of public interest. However, they would look to see if the public interest allows this which would be tied to how concrete the news story was in terms of reliability and fact checking if there was subsequent complaints. Offhand would the press council issue guidelines?


  • Registered Users, Registered Users 2 Posts: 434 ✭✭Valentine1


    Manach wrote: »
    From what I remember in cases, the Courts are somewhat lenient to both protecting press freedoms and allowing dissemination of material of public interest. However, they would look to see if the public interest allows this which would be tied to how concrete the news story was in terms of reliability and fact checking if there was subsequent complaints. Offhand would the press council issue guidelines?

    Only if the press have acted responsibly, the OP hasn't checked the facts and doesn't seem to be planning to do so, he is begging for defamation proceedings to be brought against him in my opinion.

    If a news source such as a paper or even a blog is planning on publishing accusations of Criminal activity about a person, they must be absolutely certain that those accusations are true and be able to back them up.


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Valentine1 wrote: »
    Only if the press have acted responsibly, the OP hasn't checked the facts and doesn't seem to be planning to do so, he is begging for defamation proceedings to be brought against him in my opinion.

    If a news source such as a paper or even a blog is planning on publishing accusations of Criminal activity about a person, they must be absolutely certain that those accusations are true and be able to back them up.

    I won't be publishing any accusations about a person. My question was about street names and the names of apartment blocks.


  • Registered Users, Registered Users 2 Posts: 13,260 ✭✭✭✭Losty Dublin


    What kind of trouble would I be opening myself up to?
    • Defamation/libel cases for one. Have you libel insurance or a legal fund to cover yourself in such a circumstance if you are taken to court? Even a case that doesn't reach the courts will end in a legal bill regardless of who's right and wrong.
    • Secondly, as somebody has said, there's a chance that local scobies will take their own action if they take disdain to your reports, true or false.
    • There is also the case of your sources and their relationship with you. Going with their word is one thing; running with everything they tell you as news could scupper them as a source in the long term for the sake of one story.
    • Lastly, there is your own reputation. What if they are wrong or misinformed? If you want your news service to be well regarded and respected, printing unfounded information will see you earning a poor reputation in no time at all.

    And all of this for a minor online news blog? Play it safe


  • Registered Users, Registered Users 2 Posts: 434 ✭✭Valentine1


    I won't be publishing any accusations about a person. My question was about street names and the names of apartment blocks.

    Publishing that information may allow the people involved to be identified which would leave you open to being sued. My post still applies.


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Thanks for the replies. I have decided to run with the story. However, I will not be naming places or locations.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Brian Lighthouse


    Can somebody give me their personal opinion on what steps they think I should take to avoid litigation or problems with the law in general?

    ILLEGAL activities have taken place recently on our streets and apartment blocks the WayneWexford Blog can reveal. A source told this publication that the acts were carried out at one time, however they are unsure if these acts are still being conducted in the area. This blog's editor has decided to run with this story as the information supplied by the source is of interest to the public and is topical to the general discourse of the town.

    There you go, I've written the story for you.

    Stay well clear of it, You've received good advice on this forum and received good reason why to stay away from the story, Publish at your peril.

    Brian


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Can somebody give me their personal opinion on what steps they think I should take to avoid litigation or problems with the law in general?

    ILLEGAL activities have taken place recently on our streets and apartment blocks the WayneWexford Blog can reveal. A source told this publication that the acts were carried out at one time, however they are unsure if these acts are still being conducted in the area. This blog's editor has decided to run with this story as the information supplied by the source is of interest to the public and is topical to the general discourse of the town.

    There you go, I've written the story for you.

    Stay well clear of it, You've received good advice on this forum and received good reason why to stay away from the story, Publish at your peril.

    Brian

    I published the story, simply because the person gave me a number of insights into the process. I've withheld the locations completely.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Brian Lighthouse


    Can we see it?


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  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Yea: Although it is more of an "interest piece" now. Search for "Wexford Hub" and you'll see the latest article. Can't post it here because my account hasn't built up enough reputation.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Brian Lighthouse


    Nothing mad in that. Best of luck with it.
    I don't know why you felt the need to ask this question at all.
    You knew enough on August 4, to include this vital piece of information: "The cash was seized in accordance with the Criminal Justice Act 1994 (as amended by the Proceeds of Crime Act of 2005)." in your story about the €40,000 seized.

    Anyway, best of luck once more.
    Brian


  • Registered Users, Registered Users 2 Posts: 27 WayneWexford


    Nothing mad in that. Best of luck with it.
    I don't know why you felt the need to ask this question at all.
    You knew enough on August 4, to include this vital piece of information: "The cash was seized in accordance with the Criminal Justice Act 1994 (as amended by the Proceeds of Crime Act of 2005)." in your story about the €40,000 seized.

    Anyway, best of luck once more.
    Brian

    My main concern was about the four street names that I wanted to name. There was also a hotel name.

    Was worried that I would bring said neighbourhoods into disrepute and that I would face litigation as a result.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Brian Lighthouse


    Rule 1: When in doubt leave it out.

    Yes, that could happen with a residents association and with an hotel.
    Innocent until proven guilty and all that.
    Would the hotel even be guilty?
    They rented a room to a person who may not have been honest with them. I'm sure hotels have terms and conditions for occupants.
    Was the person guilty even?
    If someone was questioned by An Garda Síochána does that make them guilty?
    Wait for the court date.

    Like, for example, your €40,000 seized story - Is it relevant to tell people his nationality at the top of the story? It could be construed as foreshadowing or even that your blog is anti-insert group here. Perhaps putting it in lower down, as detail, might come across better in my opinion.
    Best of luck with it once more and be careful, If you want this to succeed perhaps enrolling on a course in media law or law in the media or whatever such courses are on offer locally might be a good idea. Best to know and understand what type of fire you're playing with.
    All the best
    Brian


  • Registered Users, Registered Users 2 Posts: 434 ✭✭Valentine1


    If you are running a news blog you ought to be completely familiar with, and understand the Defamation Act 2009.


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