Freedom of Expression – Page 15

Here we go again with yet another case of a head of state seeking to use the courts to curb uncomfortable press coverage. It is a popular tactic the world over – Charlie Haughey infamously relied on threats of libel action to stifle investigation of his private and financial affairs – and it is a game to which Silvio Berlusconi seems to devote himself with some alacrity, both at home and abroad. It gives a whole new meaning to globalisation. His latest forays are summarized by the TimesOnline (with added links):

Umberto Eco leads writers’ revolt against Silvio Berlusconi’s attempt to gag press

Richard Owen in Rome

Italy’s artistic and intellectual elite was in open revolt yesterday against Silvio Berlusconi’s moves to sue at least three newspapers at home and abroad. More than 120,000 people have signed an online petition defending press freedom.

Umberto Eco, perhaps the country’s leading writer, Dario Fo, the playwright, and Roberto Saviano, author of Gomorrah, the bestseller about the Naples Mafia, were among those signing the petition, started by La Repubblica. The paper is being sued for questioning the Prime Minister’s behaviour and private life.

Mr Eco said: “When someone has to intervene to defend freedom of the press it means that the society, and with it a great part of the press itself, is already sick.”

…

Stop Press: Vincent Browne recants!

17 August, 200917 August, 2009

| 2 Comments

| Freedom of Expression

In his column in yesterday’s Sunday Business Post, Vincent Browne (to coin a phrase, the éminence terrible of Irish journalism, pictured left) gives a guarded welcome to the Defamation Act, 2009, and pours cold water on the recent Supreme Court decision about journalist source privilege. But that’s all en passant to the main event, in which he recants his youthful enthusiasm for press freedom:

Media caught in headlights of official orthodoxy

Twenty-three years ago, I was an enthusiast for press freedom. … But, in the meantime, perversely, I have become a good deal less ardent about press freedom, and I have dropped the conceit about the press being the defenders of the weak against corporate, political and other centres of power.

I have come to believe that the media is the problem – or a large part of it – and not the solution. The media is a centre of corporate power, and it is inextricably tied into the other centres of corporate power. … press freedom … essentially … is freedom for the owners and/or controllers of the media and freedom to propagate an ideology that, basically, is destructive of the ordinary person, or at least their chances of being equal members of society, aside from a formal legalistic sense.

…

The elements of academic freedom

12 August, 200912 August, 2009

| 3 Comments

| Academic Freedom, Freedom of Expression, Universities

As universities grapple with reducing budgets, their autonomy from government comes increasingly under scrutiny, and traditional academic values such as academic freedom come under threat. As a consequence, a recent story in Times Higher Education concerning a recent attempt to define academic freedom in detail, makes for fascinating reading (with added links):

What is freedom? Choosing your v-c

By Rebecca Attwood

Proposal is key part of plan for European ‘Magna Charta’ on scholars’ rights.

Academics would be given the right to appoint their own vice-chancellors under plans for a Europe-wide definition of academic freedom. The proposals have been tabled by Terence Karran, a senior academic in the Centre for Educational Research and Development at the University of Lincoln …

One of the cornerstones of the proposals is the need for academic self-governance. Setting out his plans in the journal Higher Education Policy, Dr Karran says: “To guarantee academic freedom, academic staff must … be able to determine who shall serve as rector. … Where possible, the rector should be appointed from within the university by a democratic process with the support of the majority of academic staff. … Where the appointment is external … academic staff should have the major role in determining (it).”

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FoE in the EHRLR

8 August, 200916 November, 2015

| 3 Comments

| Blasphemy, Censorship, criminal libel, Defamation, ECHR, EU media policy, Freedom of Expression, Human Rights, Legal Journals and Law Reviews, libel tourism, Sedition

The current issue of the European Human Rights Law Review ([2009] 3 EHRLR | table of contents (pdf) | hat tip ECHR blog) contains a wonderful piece by my colleague Dr Ewa Komorek entitled “Is Media Pluralism a Human Right? The European Court of Human Rights, the Council of Europe and the Issue of Media Pluralism” [2009] 3 EHRLR 395.

Here is the abstract (with added links):

The need for pluralist media stopped being purely a national concern a long time ago and thus it has for decades been subject to scrutiny by the Council of Europe and the European Court of Human Rights. Media pluralism has always come to their agenda as a prerequisite for freedom of expression guarded by Article 10 of the European Convention of Human Rights. It is important to distinguish the two ‘faces’ of media pluralism: internal (which may also be called content pluralism or diversity) and external (or structural). This article focuses on television broadcasting and argues that while the Court of Human Rights has essentially been successful in safeguarding internal pluralism, the protection of structural pluralism proved more difficult to achieve by means of the Court’s case law. This prompted the Council of Europe to step in and attempt to fill the gap with regulatory proposals.

…

The political advertising ban rears its ugly head again

6 August, 2009

| 2 Comments

| advertising, Freedom of Expression, Irish Society

I’m sorry I’m coming to this too late to attend the gig, but I’ve only just seen this piece by Lorna Siggins in today’s Irish Times (with added links):

RTÉ denies censorship of Afri advert over Rossport reference

RTÉ has denied that it has refused to broadcast an advertisement for a social event in Dublin tonight that includes a reference to the Mayo village of Rossport.

Justice and peace non-governmental organisation Afri said RTÉ is censoring its attempt to publicise the event, although it is willing to pay for the 20-second advertisement. An advert for the event was carried on the 98FM radio station yesterday.

Health and safety concerns about original plans by Shell EP Ireland for a high-pressure onshore pipeline led to the jailing of five men known as the Rossport Five for 94 days in 2005.

Over two months ago, RTÉ said it had “difficulties” with the wording of an advertisement for the Afri famine walk because of the reference to Rossport.

MidWest Radio had also declined to accept an advertisement for the famine walk from Afri, saying it had to consult the Broadcasting Commission of Ireland (BCI) on a reference to the Rossport Five.

…

Copperfastening the right of journalists to protect sources?

4 August, 200911 August, 2009

| 1 Comment

| Freedom of Expression, Journalists' sources, Media and Communications

Marie McGonagle, NUI Galway, writes in today’s Irish Times that the judgment in Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009) (also here (pdf)) copperfastens the right of journalists to protect sources (with added links):

The vital public watchdog role of the press was upheld by the Supreme Court

… That decision, particularly as it emanates from a unanimous Supreme Court, must … mark a very significant stage in the development … of legal recognition of the right of journalists to protect their sources.

… Mr Justice Nial Fennelly … proceeded to consideration of the High Court judgment, with which he agreed in many respects. There is no doubt that the High Court judgment was valuable, particularly for its examination of the powers and interests of tribunals under the relevant legislation, and of the European Convention on Human Rights (ECHR) Article 10 principles of freedom of expression, including protection of journalists’ sources. Indeed, the High Court accepted that “the non-disclosure of journalistic sources enjoys unquestioned acceptance in our jurisprudence and interference in this area can only happen where the requirements of Article 10(2) . . . are clearly met”. The principle, which had long been denied in Irish law, was, therefore, firmly established.

…

So, does Irish law now recognise a journalist source privilege?

2 August, 200927 April, 2022

| 5 Comments

| ECHR, Freedom of Expression, General, Irish cases, Irish Law, Irish Society, Journalists' sources, Law, US Supreme Court

As I wrote in my previous post, the Supreme Court in Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009) (also here (pdf)) allowed the appeal against the decision of the High Court in Mahon v Keena [2007] IEHC 348 (23 October 2007). Fennelly J delivered the judgment of the Court, in which Murray CJ and Geoghegan, Macken and Finnegan JJ concurred, and its effect is that two Irish Times journalists could decline to answer questions about their sources (unsurprisingly, there is a lot of coverage in that paper: see here, here, here, here and here).

1. Introduction
There are at least three important aspects to Fennelly J’s decision. The first relates to his almost exclusive reliance on the European Convention on Human Rights (ECHR), rather than the Irish Constitution. The second relates to his approach to the issues in general and to his treatment of the High Court judgment in particular: in short, he felt that the High Court had overstated the balance against the appellants. And the third relates to what he had to say about the nature of a journalist source privilege: in short, he preferred to avoid such language in favour simply of a balancing test.…

Supreme Court allows journalists’ appeal

31 July, 200918 January, 2010

| 4 Comments

| Freedom of Expression, Irish Law, Journalists' sources

The Supreme Court has held that two Irish Times journalists can assert a privilege to refuse to answer questions about their sources, reversing the High Court decision in Mahon v Keena [2007] IEHC 348 (23 October 2007). From the Irish Times breaking news website:

Court upholds Mahon appeal

The Supreme Court has upheld an appeal by Irish Times editor Geraldine Kennedy and public affairs correspondent Colm Keena against a court order requiring them to answer questions from the Mahon tribunal about the source of an article about former taoiseach Bertie Ahern. …

Revised: The decision is also noted by Cian on Blurred Keys and is now avaialble as Mahon Tribunal v Keena [2009] IESC 64 (31 July 2009); it is also here (pdf) on the Irish Times website.

See also the Belfast decision in the case of Suzanne Breen and a decision of the Supreme Court of Western Australia earlier this week, both reaching similar conclusions.…

cearta.ie

Category: Freedom of Expression

Globalisation alla Berlusconi: libel suits in many jurisdictions

Umberto Eco leads writers’ revolt against Silvio Berlusconi’s attempt to gag press

Stop Press: Vincent Browne recants!

Media caught in headlights of official orthodoxy

The elements of academic freedom

What is freedom? Choosing your v-c

FoE in the EHRLR

The political advertising ban rears its ugly head again

RTÉ denies censorship of Afri advert over Rossport reference

Copperfastening the right of journalists to protect sources?

The vital public watchdog role of the press was upheld by the Supreme Court

So, does Irish law now recognise a journalist source privilege?

Supreme Court allows journalists’ appeal

Court upholds Mahon appeal