In today’s Irish Times, Mary Minihan writes:
Complaints to BAI over TV3 cancer disclosure
The Broadcasting Authority of Ireland (BAI) has received 70 e-mails complaining about the TV3 news broadcast on St Stephen’s Day disclosing the cancer diagnosis of Minister for Finance Brian Lenihan. …
Meanwhile, Minster for Social and Family Affairs Mary Hanafin said she and her Government colleagues were “appalled” at the way the story was disclosed. …
You read it here first folks. Now, in today’s Irish Times, Michael Foley (School of Media, DIT) writes:
Lenihan broadcast could lead to privacy law rethink
ANALYSIS: TV3 had no more than a rumour about Brian Lenihan’s health, and no attributable source. …
Unlike journalists, politicians like rules, and the Minister for Justice has already warned he will revisit his privacy proposals if the media does not behave. The insensitive invasion of a popular politician’s privacy might be just the example he needs.
Expect to see lots of references to this piece as the clamour for privacy legislation begins to grow.
Update: have a look at John McGurk‘s thoughtful posts on the issue.
Mairead Enright, on Human Rights in Ireland, writes:
These are special days in the history of Irish constitutional rights. On December 29, 1937 the Irish Constitution came into force, having been passed by a national plebiscite in July. The picture shows Eamon De Valera, architect of the new Constitution and then President of the Executive Council, standing with members of his cabinet at Government Buildings during the inauguration of the new Constitution. On December 28, 1960, the Oireachtas passed the Health (Fluoridation of Water Supplies) Act, 1960, which required local authorities to fluoridate public water supplies to reduce childhood tooth decay. Mrs. Gladys Ryan had a strong objection to the the fluoridation scheme and challenged the constitutionality of the 1960 Act. Her case; Ryan v AG [1965] IR 294, marks the origin of the doctrine of unenumerated rights in Irish constitutional law.
If you feel like celebrating these milestones, why not raise a glass of fizzy pop to the five young Ryans, whose parents – the case report tells us – ‘did not encourage their children to eat sweets, lollipops or ice cream, and [only permitted them] soft drinks … on Christmas Day.’
Joe Ryan wrote both an interesting comment on this morning’s post and a great post about the issue on his own blog. My reply to him became too long for a comment, so I’ve upgraded it to this post.
First, I should say that I worked with Brian Lenihan for a few years in TCD, and my thoughts and best wishes are with him and his family at this difficult time. It may be a cliché, but it’s nonetheless true for all that, and I hope he returns to rude good health as quickly as possible.
Second, as TJ McIntyre and Jason Walsh argue, Brian’s illness must be a prime example of a public interest in disclosure. On the other hand, Jim Tormey argues that it is a legitimate matter of public interest only when Brian finds or it appears obvious that he cannot do his job. This is a strong argument, and even some who are wary of overbearing privacy laws are discomfited by TV3’s insensitivity and lack of self-restraint. In the circumstances, I think that Brian showed great restraint in not seeking an injunction to prevent TV3’s broadcast, and I agree with Joe (and with Myles Duffy on The Crimson Observer) that, if Brian chooses to make an issue of it, the matter should go to the recently-fully-established Broadcasting Authority of Ireland (BAI). Compare the adjudications of the Press Ombudsman and Press Council upholding a complaint by Tony Gregory TD that a reporter for the Evening Herald confronting his brother at his home was an invasion of privacy justified neither by the complainant’s public position as a Dáil deputy, nor by the significance of the information being sought about his ongoing battle with cancer. (Ironically, the Herald now thinks that TV3 treated Brian and his family badly).
However, my point – indeed my worry – in my previous post, is not what he himself would do but what others might do ‘on his behalf’, and seek to resurrect the moribund (but flawed) Privacy Bill, 2006?
When he was Minister for Justice in January 2008 (amplifying something he had said two months earlier), Brian did not rule out introducing such a Bill, but instead gave the media 2 years to prove that it was not necessary. Last April, his successor as Minister for Justice, Dermot Ahern (rather controversially) said that he plans to revive the dormant Privacy Bill, citing a worrying trend in media intrusion to get a good story. We’re nearly at the end of Brian’s two year grace period, and TV3’s actions are being seen as another example of just such intrusive gutter journalism. As a consequence, I think it very likely that those who want privacy legislation are even now lining up to use it as an excuse to drum up support for it. It would be a great pity if the politicians were to legislate in haste, leaving the rest of us to repent at leisure. Let us first see if the BAI can resolve the issue; only then, with cooler heads, should we proceed to consider whether further legislative intervention is required. If that comes to pass, then TV3’s short-sighted decision to broadcast may have gained them some short-term beneift but in the long-run we will all be short-changed.
There has been much comment over the weekend about TV3‘s disclosure of the serious illness with which Brian Lenihan, Minister for Finance, has recently been diagnosed. This poses many questions, but I want to ask only one: will the public anger at TV3’s disclosure provide the political impetus – or perhaps simply political cover – to proceed with the enactment of the (misconceived) Privacy Bill, 2006?
Via Stu’s Views holiday cartoons:
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Image: Husband opening Christmas cards.
Caption: Honey, our lawyer wishes us, but in no way guarantees, a merry Christmas.
Bonus link: a longer version of the same wish.
PS. The blog title is Irish for “Merry Christmas”.
Following the appointments made in October by the Minister for Communications to the Board of the Broadcasting Authority of Ireland, and the appointments made by the Minister in November to the BAI’s Contract Awards Committee and Compliance Committee, the Joint Oireachtas Committee on Communications, Energy and Natural Resources has now made its appointments to the Board. Joining Bob Collins (Chair), Paula Downey, Michelle McShortall, Dr. Maria Moloney, and John Waters are Mr Larry Bass, Mr Michael Moriarty, Professor Colum Kenny and Ms Siobhán Ní Ghadhra. At the same time, the Committee appointed the new RTÉ Board. The Committee’s appointments complete the new broadcasting regulatory architecture established under the new Broadcasting Act, 2009 (html | pdf). Go n-éirí leis an iarracht!
The long wait is nearly over. The Defamation Act 2009 will come into force on 1 January 2010. From the Department of Justice [pdf]:
Defamation Act 2009 (Commencement) Order 2009 (SI No 517 of 2009)
I, Dermot Ahern, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 1(2) of the Defamation Act 2009 (No 31 of 2009), hereby order as follows:
1. This Order may be cited as the Defamation Act 2009 (Commencement) Order 2009.
2. The 1st day of January 2010 is appointed as the day on which the Defamation Act 2009 (No 31 of 2009) comes into operation.
Given under my Official Seal,
15 December 2009.DERMOT AHERN,
Minister for Justice, Equality and Law Reform.