Comments on: So, does Irish law now recognise a journalist source privilege? http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/ the Irish for rights Thu, 09 Feb 2012 11:47:43 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: David http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/comment-page-1/#comment-11141 David Wed, 04 Nov 2009 19:49:09 +0000 http://www.cearta.ie/?p=3184#comment-11141 It is unfortunate that Fennelly J did not see fit to utilise more extensively (or perhaps more correctly, at all) the constitutional guarantee to free expression. He does not even cite Article 40.6.1 in the entire judgment, though it must be admitted that there is a relative paucity of case law on this matter in an Irish context vis a vis the burgeoning body of case law at the Strasbourg level. It is hoped this is not evidence of a move away from our acquis constitutionnel however - there is life in the old dog (the constitution) yet, and it won't develop if the courts refuse to develop it. I certainly agree with your analysis of the decision however. It seems circular in so far as the analysis commences with the destruction of the letter and moves to consider at a later juncture the existence of the privilege. One is acutely aware of the language of the judge in failing to expressly recognise a journalistic privilege - though maybe this was an inappropriate forum on which to pronounce definitively on the issue It is unfortunate that Fennelly J did not see fit to utilise more extensively (or perhaps more correctly, at all) the constitutional guarantee to free expression. He does not even cite Article 40.6.1 in the entire judgment, though it must be admitted that there is a relative paucity of case law on this matter in an Irish context vis a vis the burgeoning body of case law at the Strasbourg level. It is hoped this is not evidence of a move away from our acquis constitutionnel however – there is life in the old dog (the constitution) yet, and it won’t develop if the courts refuse to develop it.
I certainly agree with your analysis of the decision however. It seems circular in so far as the analysis commences with the destruction of the letter and moves to consider at a later juncture the existence of the privilege.
One is acutely aware of the language of the judge in failing to expressly recognise a journalistic privilege – though maybe this was an inappropriate forum on which to pronounce definitively on the issue

]]> By: Eoin http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/comment-page-1/#comment-10316 Eoin Tue, 25 Aug 2009 20:54:48 +0000 http://www.cearta.ie/?p=3184#comment-10316 Hi Fergus, Thanks for this; it's reassuring that I'm not the only one who thinks that the decision is not all that it's being cracked up to be in the media. Eoin. Hi Fergus,

Thanks for this; it’s reassuring that I’m not the only one who thinks that the decision is not all that it’s being cracked up to be in the media.

Eoin.

]]> By: Fergus O'Rourke http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/comment-page-1/#comment-10314 Fergus O'Rourke Tue, 25 Aug 2009 20:00:54 +0000 http://www.cearta.ie/?p=3184#comment-10314 I agree with your conclusion. I agree with your conclusion.

]]> By: cearta.ie » Two journalists’ conceptions of source privilege http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/comment-page-1/#comment-10302 cearta.ie » Two journalists’ conceptions of source privilege Sun, 23 Aug 2009 10:26:03 +0000 http://www.cearta.ie/?p=3184#comment-10302 [...] Court said in Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009) (also here (pdf)) therefore an important distinction which can make a great deal of difference on the facts of any given case, and the sooner the law [...] [...] Court said in Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009) (also here (pdf)) therefore an important distinction which can make a great deal of difference on the facts of any given case, and the sooner the law [...]

]]> By: cearta.ie » Copperfastening the right of journalists to protect sources? http://www.cearta.ie/2009/08/so-does-irish-law-now-recognise-a-journalist-source-privilege/comment-page-1/#comment-10087 cearta.ie » Copperfastening the right of journalists to protect sources? Thu, 06 Aug 2009 20:59:55 +0000 http://www.cearta.ie/?p=3184#comment-10087 [...] I have already said on this blog, I am not sure that I agree with this perspective. Although Fennelly J did agree with the High Court in many respects, in the [...] [...] I have already said on this blog, I am not sure that I agree with this perspective. Although Fennelly J did agree with the High Court in many respects, in the [...]

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