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Author: Eoin

Dr Eoin O'Dell is a Fellow and Associate Professor of Law at Trinity College Dublin.

Café Bars and the Privacy Bill

17 February, 200717 February, 2007
| 5 Comments
| Irish Law, Irish Society, Politics, Privacy

Q: What do these two things have in common?
A: They’re both in the news today for the same reason.

Two short quotes. The first one is from the list of motions for the Progressive Democrats‘ national conference today:

Motion 19
Conference calls for a review of the proposed privacy legislation in the Party’s General Election Manifesto in particular to avoid the dangers of muzzling the press through court injunction.
Dublin South East

Motion 20
Conference calls on Government to reactivate the proposal for café bars.
Dublin South East

The second is from a story on the RTE news website:

The PD conference in Wexford has voted overwhelmingly for the reactivation of party leader Michael McDowell’s café bar proposals. … The conference also voted in favour of a review of proposed Privacy legislation.

I’d say that the delegates from Dublin South East (the constituency of Michael McDowell, PD Party Leader, and Tánaiste (Deputy Prime Minister) and Minister for Justice) have set several cats among several pigeons with these motions. We’ll have to wait and see whether these policies make it into the forthcoming election manifesto (and any subsequent programme for government).

(Thanks to Daithí for tipping me off about this (offblog)).…

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Won’t someone please think of the children?

17 February, 200720 December, 2008
| 4 Comments
| advertising, Irish Law, Irish Society, Media and Communications

It is a difficult skill to master, the ability to wrap serious depth in light witticism. Frank McNally’s Irishman’s Diary in the Irish Times has it in spades. And yesterday’s column is no exception. Lurking within the comedy is a very serious point about advertising to children. Every parent is aware of the pester power of children. A children’s tv channel advertises the latest must-have range of fanciful dolls or transforming superheros, and children everywhere pester their parents until the wretched things are bought. But it wasn’t always thus. Indeed, McNally began yesterday’s Diary with a trip down memory lane: it marked

the 50th anniversary of a fateful event in the history of broadcasting: the end of the so-called Toddlers’ Truce … a 60-minute suspension of all programmes every day between 6pm and 7pm, so that – wait for it – the children could be put to bed.

Wow! Children going to bed at teatime!! Do modern children go to bed at 6.00pm?! More seriously, though, McNally’s point, buried in the comedy, relates not to this golden hour but to its modern possible alternatives, such as banning or regulating advertising aimed at children, (and not to protect adults from children’s pester power, but to protect the children from the advertising):

I used to have high hopes that the Swedes, who ban all ads to children under 12, would spread their enlightenment to the rest of the EU.

…

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Anyone can get old …

17 February, 200720 June, 2007
| 4 Comments
| Irish Society, Politics

older-people.jpg… all you have to do is live long enough. This quote has been ascribed to Groucho Marx. Goverments too grow old. And when age creeps upon them, they make promises to secure re-election. Mary Harney, the Minister for Health and Children, and former leader of the Progressive Democrats (the PDs) (a small, right-of-centre, political party) has just called for an Ombusdman for Older People at that party’s annual conference in Wexford. She expects (expects? well, she should know!) that a commitment to introduce legislation to this effect in the first year of a new term in government will feature in the party’s forthcoming election manifesto. It is to be modelled on the office of the Ombudsman for Children, which was established by the Ombudsman for Children Act, 2002, and, according to Harney

will provide a focused, statutory office to be an advocate for older people, as well as providing a dedicated service for redress beyond existing organisations. This new office will be a new means to empower and respect older people accessing health and public services. …

It is one thing to establish the office. It is quite another to take it seriously. …

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Flying question for copyright lawyers

16 February, 200719 November, 2010
| 2 Comments
| Cinema, television and theatre, Copyright, Fair use

Gigsoc logoThis week’s newspapers bring us yet another Disney movie scenario of ‘plucky little community group’ being faced down by ‘horrible international conglomerate’. But this time, there is no happy ending for the little group; and the conglomerate are Disney themselves. As Ruadhán Mac Cormaic reports on the front page of Wednesday’s Irish Times (picked up by eircom.net, grand gesture, gcn.ie, queerty.com, mickeynews.com and thedisneyblog.com):

With only two days to go before its opening night, a play to be staged by a gay and lesbian students’ society at NUI Galway had to be pulled yesterday after organisers received notice from entertainment conglomerate Disney threatening legal action if the production went ahead.

It seems that the play was “loosely adapted” from the Disney film Sister Act, and that that Disney took the view that the production “would breach its intellectual property rights”. Presumably, this means that it would, in particular, infringe their copyright in the movie. My flying question is whether that is actually so? …

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Law of Blogs; Blogs of Law

11 February, 200723 April, 2007
| 14 Comments
| Blogging, Digital Rights

I’ve offered to speak at BarCamp Dublin. I’ve even got so far as a proposed title. It’s the one I’ve used as the title to this post. “Law of Blogs; Blogs of Law”. But I’ve not really got any further. So, if you have an inspiration or suggestions, I’d be grateful to have them.

Yes, yes; I do know that the suggested title is self-referentially post-modern. I just liked it. But I’ll change it if you come up with a better one.

Update (14 Feb 2007): Thanks to those who have made comments (below), or sent emails off-blog. I think that bloggers face many potential legal problems, from the obvious defamation and copyright issues to perhaps-not-so-obvious privacy and data protection matters. But there will be lots of other legal questions which other, more experienced, bloggers have already encountered that have not come my way yet. And I’d like more about those. Bernard’s query below – whether it will be “Tort 101: Law of tort for blogging?” – may not be too wide of the mark. I suspect that my ‘talk’ will be more in the nature of a freewheeling discussion arising organically from the concerns of bloggers present than a pre-structured presentation dreamed up by me in the quiet moments in my office (in part becuase there are none!);…

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Privacy on the beach

11 February, 200711 December, 2012
| No Comments
| Press Council, Privacy

The Press Complaints Commission in the UK can change its mind. And the right of privacy can now be asserted on the beach as a result.

Hello! Magazine logo via their websiteFirst, the change of mind. In 2000, the PCC held that newsreader Anna Ford did not have a reasonable expectation of privacy sufficient to restrain publication by OK! magazine of photos taken of her and her husband subathing on a private beach. This week, in an all-but identical case, the PCC held that model Elle Macpherson did have a sufficient expectation of privacy to complain about photos taken of her and her children sunbathing on a private beach on a private island. Roy Greenslade says that this “certainly qualifies” for the hackneyed cliché “landmark decision”, and I think he is right. …

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What if Wired were Published in Ireland?

11 February, 200711 December, 2012
| 12 Comments
| Media and Communications, Press Council, Privacy

Wired Magazine masthead If Wired magazine were published in Ireland, would it be a periodical? Would its website be? Would the website be, even if there weren’t a magazine? And why do these musings matter? Well, they matter because only ‘periodicals’ will be subject to the Press Council proposed in the Defamation Bill, 2006; and whilst the defintion of periodical clearly covers print newspapers and magazines (such as Wired‘s offline edition), and probably covers content on websites associated with such offline editions, it probably doesn’t cover content published exclusively online by publications that look like newspapers or magazines but lack an offline edition. I think that it should.

This week, the Press Complaints Commission in the UK extended its remit to the online realm. …

Read More »

Easy, PCC

11 February, 200711 December, 2012
| No Comments
| Press Council

PCC logo via DCUPerhaps stung by the criticism of its docile passivity in the face of the Goodman affair, the Press Complaints Commission (PCC) in the UK has this week come to life, swinging into acting with at least three very important developments, covered in this post and the next two.

The first is a direct result of the fallout from the royal phone-tapping affair. This week’s Media Guardian reports that the

PCC plans to write to every newspaper and magazine editor to ask what controls they have in place to prevent the sort of “intrusive fishing expeditions” undertaken by Goodman and widely speculated to have become common practice among some Sunday tabloid journalists. It will then publish its conclusions, with possible options believed to include new best-practice guidelines and the setting up of new training courses to make journalists more aware of the code and the law.

This is very welcome, but there is more than a whiff of stable doors and bolting horses about it. …

Read More »

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Welcome

Me in a hat

Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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