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Category: Press Council

Emails, photos, and the public’s interests

14 November, 201010 December, 2012
| 1 Comment
| Press Council, Privacy

The last word, with Matt Cooper, via Todayfm websiteEarlier this week, I appeared on the Todayfm radio programme The Last Word, with guest presenter Anton Savage and fellow contributor Patrick Kinsella of the School of Communications at DCU (you can listen back to the show here until next Thursday). Newspapers earlier in the week had reported that male employees at the Dublin office of an international accountancy firm had circulated an email rating newly arrived female trainees for a Top 10 list. The following day, several newspapers went further and published the photos and names of the women involved. On the radio programme, we discussed whether this later coverage crossed a line and invaded the women’s privacy.

Both Patrick and I argued that the later coverage did indeed cross that line. In my view, there was an invasion of the women’s privacy, and not once but twice. There was a wrongful intrusion into the women’s private activities, by the disclosure of information in which they had a reasonable expectation of privacy, first by other individuals within the company, and then by the media.

Within the company, the women had their photographs taken for human resources or personnel purposes, but these images were misused for prurience and titillation, first by people within the firm and then by the newspapers which published them.…

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The Defamation Act, 2009 in the courts

22 October, 201010 December, 2012
| 6 Comments
| Defamation, Press Council

Greyscale of logo of radio station, 4FM, via their websiteI was on the radio station 4FM this evening, talking about the defamation action currently being taken by politician Michael Lowry against journalist Sam Smyth over comments Smyth made in an article in the Irish Independent newspaper last May and on TV3 last June. The comments concerned the travails of Lowry and businessman Denis O’Brien with the Moriarty Tribunal (which is enquiring into payments to politicians). At the time, O’Brien threatened to sue Smyth (but not TV3 or the Irish Independent), and now Lowry done precisely that (Irish Independent | Irish Times | RTÉ).

On 4FM this evening, Tom McGurk was particularly concerned with the tactic of suing the journalist but not the news organization, and the question of whether the journalist in such a case would have an indemnity. That indemnity would be a matter for the contract between the journalist and employer, and if there is no contract or it does not provide for an indemnity, then it will be up to the employer to decide whether to indemnify or not.

Suing Smyth but not TV3 or the Irish Independent does not seem quite so extraordinary in this case, since Lowry does not want damages, but only a declaratory order pursuant to section 28(1) of the Defamation Act, 2009 (also here) that the comments are false and defamatory.…

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Two new appointments to the Press Council

10 September, 201010 December, 2012
| No Comments
| Press Council

Press Council and Ombudsman logoAccording to a press release on the Press Council website:

Press Council announces appointment of two new independent Council members

The Chairman of the Press Council, Dáithí O’Ceallaigh … announced the appointment of two new members of the Press Council of Ireland, who will serve for a three-year term. The new members are Professor Áine Hyland, Emeritus Professor of Education at University College, Cork, and Mr Éamonn Mac Aodha, Chief Executive of the Irish Human Rights Commission.

They replace two retiring members of the Council, former District Justice Mary Kotsonouris, and Mr Peter O’Mahony, former CEO of the Irish Refugee Council. The appointments were made, on the basis of applications from members of the public, by an independent Appointments Committee, which was chaired by the outgoing Chairman, Professor Thomas Mitchell.

Announcing the new appointments, Mr.O’Ceallaigh said “I am delighted to welcome Professor Hyland and Mr Mac Aodha to the Press Council. They bring a wealth of experience in the public service to the Council.

Prof Hyland, via NAIRTLProfessor Áine Hyland, pictured left, is a world-renowned educationalist. She was Professor of Education and Vice-President of UCC, is a member of the European Universities Association Institutional Evaluation Team, and is Chair of the International Advisory Board of the (National Academy for the Integration of Research and Teaching and Learning (NAIRTL).…

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The Press Council of Ireland: appointments and review

29 July, 201010 December, 2012
| 4 Comments
| Press Council

Press Council and Ombudsman logoRecent press releases from the Press Council of Ireland have announced two key appointments. Retired diplomat Daithi O’Ceallaigh has been appointed as Chairman of the Press Council from 1 August, succeeding Prof Tom Mitchell (Irish Independent | Irish Times); and retired academic Prof John Horgan has been appointed to a second term as Press Ombudsman from 1 September (Irish Times). Both appointments are for three years. Following the recent recognition of the Press Council for the purposes of Schedule 2 to the Defamation Act, 2009, these appointments are set fair solidify the position of the Ombudsman and the Council in their work to safeguard and promote professional and ethical standards in Irish newspapers and periodicals. The time my therefore be ripe for some hard questions.

The UK’s sister organisation to the Press Council, the Press Complaints Commission, has recently completed a thorough and independent review of its governance. The report published earlier this month (pdf) recommended that there should be:

• A clearer role for the Commission;
• Tougher scrutiny rules;
• More industry engagement with the Commission;
• A stronger Board;
• A stronger lay voice on the content of the Editors’ Code of Practice;
• Greater transparency about appointments;
• Greater openness about the system; and
• More rigorous examination of performance.

…

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The formal recognition of the Press Council

25 May, 201010 December, 2012
| 4 Comments
| Defamation, Defamation Act 2009, Press Council

Press Council and Ombudsman logoThe second Annual Report of the Press Council and the Office of the Press Ombudsman (pdf) was launched yesterday. Speaking at the launch, Dermot Ahern, the Minister for Justice, Equality and Law Reform, announced that he had, on 21 April, signed the Order granting the Press Council of Ireland recognition as the Press Council for the purposes of the Defamation Act, 2009. The full text of the Defamation Act 2009 (Press Council) Order 2009 (SI No 163 of 2010) (pdfs here and here) is as follows [with added links]:

Defamation Act 2009 (Press Council) Order 2009 (SI No 163 of 2010)

I, Dermot Ahern, Minister for Justice, Equality and Law Reform, being satisfied that The Press Council of Ireland complies with the minimum requirements specified in Schedule 2 to the Defamation Act, 2009 (No 31 of 2009), hereby, in exercise of the powers conferred on me by section 44 of that Act, make the following order with respect to which, pursuant to subsection (7) of that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. This Order may be cited as the Defamation Act 2009 (Press Council) Order 2010.

…

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Are we there yet? Formal recognition of a Press Council is one step closer

22 April, 201010 December, 2012
| 2 Comments
| Press Council

Press Council and Ombudsman logoSection 44 (also here) of the Defamation Act, 2009 (also here) provides that the Minister for Justice may by recognise a body as the “Press Council” , and Schedule 2 (also here) to the Act sets out the minimum requirements such a body must meet to be so recognised. The Irish media established a Press Council of Ireland and the Office of the Press Ombudsman with effect from 1 January 2009. Last month, the Minister announced that this would be recognised as the Press Council for the purposes of the Act. To achieve that end, on Tuesday of this week, both the Dáil and the Seanad approved the draft Defamation Act 2009 (Press Council) Order 2010. The full recognition of the Press Council is now simply the stroke of a Ministerial pen away from being achieved.

According to the Irish Times, the Chairman of the Press Council, Prof Tom Mitchell, said the move would greatly benefit the operations of the Press Council, the Office of the Press Ombudsman and the press generally:

This development will strengthen the council’s capacity to work effectively and will allow the press industry to participate fully without fear of legal risk. Formal recognition of the council should serve to encourage more newspapers and publications to become member publications of the council, leading to wider adherence to its code of practice.

…

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Recognising the Press Council

11 March, 201010 December, 2012
| 3 Comments
| Defamation, Defamation Act 2009, Press Council, Press Council

Press Council and Ombudsman logoSection 44 (also here) of the Defamation Act, 2009 (also here) provides that the Minister for Justice may by recognise a body as the “Press Council” , and Schedule 2 (also here) to the Act sets out the minimum requirements such a body must meet to be so recognised. The Irish media established a Press Council of Ireland and the Office of the Press Ombudsman with effect from 1 January 2009, and the Minister announced yesterday that this would be recognised as the Press Council for the purposes of the Act (here’s the press release, with added links):

Ahern to seek Oireachtas approval for formal recognition of the Press Council

The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, T.D., announced today that he is asking the Dáil and Séanad to approve an Order by him declaring the formal recognition of the Press Council of Ireland as the “Press Council”.

Minister Ahern said that the application from the Press Council of Ireland under section 44 of the Defamation Act 2009 has been examined with reference to the requirements in Schedule 2 of the Act and that he was satisfied that the application met those requirements.

…

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Cork privacy seminar discussed TV3’s Lenihan revelations

16 January, 201010 December, 2012
| 5 Comments
| Irish Society, Press Council, Privacy

Press Council and Ombudsman logoToday’s Irish Times carries two interesting interlinked reports. The first is about yesterday’s Press Council seminar in Cork, the second is about TV3’s exposure of Brian Lenihan’s illness, which – unsurprisingly – was one of the issues discussed at the seminar.

First, yesterday’s seminar in Cork:

Media’s role vital to liberty, says Dunne

Freedom would mean less without a free media, entrepreneur Ben Dunne told a seminar organised in Cork yesterday by the Press Council of Ireland. … He condemned the broadcast of the Brian Lenihan story on TV3 on December 26th, saying that it “crossed a line it did not need to cross”. However, he added that TV3 was not the only offender in relation to breaches of privacy.

Another speaker, Data Protection Commissioner Billy Hawkes, told the seminar that the phenomenal development of the internet posed challenges to traditional ideas of privacy and data protection. …

Tightening privacy laws is a recipe for “non-accountability, secrecy and duplicity”, the seminar was told by Paul Drury, managing editor of the Irish Daily Mail, who added that he was wary of any proposal to legislate for heightened privacy.

Paul Drury will be very well aware that TV3’s revelations of Brian Lenihan’s illness could make privacy legislation more likely, even though the Minister himself seems remarkably phlegmatic about it:

Lenihan says he was rushed into telling children about cancer

Minister for Finance Brian Lenihan has told a local newspaper [the Community Voice newspaper in Blanchardstown] he was rushed into telling his children about his cancer diagnosis on St Stephen’s Day because TV3 had decided to run the story.

…

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