cearta.ie – Page 20 – the Irish for rights

The Seanad Public Consultation Committee was established “to facilitate direct engagement and consultation between members of the public and Seanad Éireann” (pdf).

It has just undertaken a Consultation on the Status, Treatment and Use of the National Anthem (pdf):

The purpose of this consultation is to invite submissions from interested parties or citizens to consider the most appropriate way the State should treat the National Anthem. This consultation process is being considered in the context of the music and English and Irish lyrics of the National Anthem no longer being in copyright. Legislative proposals have been made to address this issue. Seanad Éireann would like to consult with citizens on their views on this issue.

I have already commented at length on this blog about the issue, so I made a short submission to the Committee in which I referred to those posts, and answered some of the questions posed in the Consultation. In my view, the anthem should be treated with respect and dignity, and there is a good case to be made for legislation to protect it from inappropriate commercialisation. However, I do not think that copyright is a suitable means to this end. Instead, I think that it is a matter for a specialist piece of legislation, specifically directed to the issue.…

Digital resource lifespan, via xkcd; or why copyright law must permit digital deposit

2 November, 201730 April, 2020

| 1 Comment

| Copyright, Digital deposit

The description for this picture provides:

I spent a long time thinking about how to design a system for long-term organization and storage of subject-specific informational resources without needing ongoing work from the experts who created them, only to realized I'd just reinvented libraries.

This picture is worth many thousand of my words:

…

The Irish Constitution at 80 – Property Rights, Proportionate Restrictions, and Media Pluralism

1 November, 20171 November, 2017

| 1 Comment

| Conferences, Lectures, Papers and Workshops

A conference to mark 80 years of Bunreacht na hÉireann, the Irish Constitution, will be hosted by the School of Law, University of Limerick on 11 November 2017 in the Irish World Academy of Music and Dance. The conference will bring together judges, scholars, practitioners, and those with experience of constitutional governance to reflect upon and discuss the past, present and future of Ireland’s constitutional order at this important milestone. Keynote presentations will be delivered by Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission, and Mr Justice Donal O’Donnell, Judge of the Irish Supreme Court. I will be delivering a paper in the following panel:

PROPERTY, SOCIAL ECONOMIC RIGHTS AND INJUSTICIABILITY

Dr Eoin O’Dell: Property Rights, Proportionate Restrictions, and Media Pluralism

Dr Claire M Smyth: Social and Economic Rights, Irish Constitution and International Obligations

James Rooney: The Injusticiable Constitution and the Common Good: The Preamble and Directive Principles in Contrast

This is the abstract of my paper:

A Report on the Concentration of Media Ownership in Ireland (2016) raised “grave concerns about the high concentration of media ownership in the Irish market”, and the Irish report for the EU’s Media Pluralism Monitor recommended that legislative limits on levels of media concentration should be applied retrospectively.

…

Making headlines defending speech

26 October, 20171 November, 2017

| 1 Comment

| Freedom of Expression, Irish Society

In Trinity College Dublin, where I work, the Long Room Hub is the College’s Arts & Humanities Research Institute. It hosts over 250 events each year, including a discussion series entitled Behind the Headlines, which offers background analyses to current issues by experts drawing on the long-term perspectives of Arts & Humanities research. In particular, the series “aims to provide a forum that deepens understanding, combats simplification and polarization and thus creates space for informed and respectful public discourse.”

In the recent past, the series has featured discussions on artificial intelligence, Trump’s America, Syria, and Brexit (not once but twice). The next event in this series will be on Monday 6 November 2017, 6:30pm to 8:00pm, on

Freedom of Speech: Where Journalism and the Law Collide at the Boundary of 21st Century Debate

In a world where truth is under siege, freedom of speech has never been more important. But, as outrage and offense in public debate become a commodity for social media technology giants, the future of professional journalism in educating public opinion while challenging authority and power is increasingly under attack. …

This discussion is part of the ‘Fears, Factions and Fake News’ symposium held in conjunction with Columbia University and in partnership with Independent News and Media.

…

The Irish Supreme Court begins to enter the television age

24 October, 201724 October, 2017

| No Comments

| Irish Supreme Court, Open Justice

When the UK Supreme Court was established in 2009, with the capacity to broadcast its proceedings, I wondered when the Irish Supreme Court would follow suit, and televise its proceedings too. Today, I have the beginnings of an answer. This morning, the Supreme Court televised its proceedings for the first time, when it broadcast the delivery of two judgments. That broadcast should be available, for the next few days at least, via the RTE Player.

Chief Justice Clarke said that the move was aimed at “demystifying” the courts process, and allowing people to “see how their highest court operates”. He also described the move as a “baby step” which could lead to wider filming of the courts in the future. I hope that it will not be long before the Supreme Court routinely broadcasts its proceedings as its UK counterpart does, and there is certainly potential for the broadcast of proceedings of other courts too. The Irish Times said:

The live broadcasting of court proceedings has been discussed for years but the impetus for it has been attributed to a meeting five years ago between Ms Denham and then RTÉ deputy director general Kevin Bakhurst. Since his appointment as Chief Justice last July, Mr Justice Clarke has been keen to advance the project, and his involvement and support was a crucial factor.

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The copyright implications of a publicly curated online archive of Oireachtas debates

2 October, 201730 April, 2020

| 3 Comments

| Copyright, Digital deposit

From a twitter thread by Philip Boucher-Hayes last week, I learned that Ken Foxe had reported in the Irish Mail on Sunday that nearly ten years of video footage of Oireachtas debates and hearings had been taken offline. A spokesperson for the Houses of the Oireachtas said that the videos were removed because they had little traffic and were in an obsolete format. However, after an outcry online, the footage was restored, though with limited functionality. To overcome first the takedown, and then the limitations, various concerned netizens – including, I understand, Gerard Cunningham, Emerald De Leeuw, Elaine Edwards, and Sterling Plisken – have begun work on a publicly curated online archive of Oireachtas debates and hearings.

This is not the first time that civil society has had to step up when public functions have stepped back (see the story of the demise and return of KildareStreet.com, with various backups here and here). So, I think that a publicly curated online archive of Oireachtas debates is a fantastic idea, and I hope it prospers. It also provides a context in which I can discuss an important issue relating to Oireachtas copyright and digital deposit.…

Compensation for breach of the proposed ePrivacy Regulation [Ongoing updates]

29 September, 20177 June, 2018

| 1 Comment

| ePrivacy, Privacy

Last major update: 15 January 2018

Note: a line was added at the end on 7 June 2018.

Parallel to my interest in compensation for breach of the General Data Protection Regulation [GDPR; Regulation (EU) 2016/679], I am also interested in the question of compensation for breach of the proposed ePrivacy Regulation (hereafter: pePR; see, eg, the EU Commission’s proposal for a Regulation on Privacy and Electronic Communications; on which see Flash Eurobarometer 443 Report on e-Privacy (pdf download)).

Article 22 of the Commission’s proposal provides:

Any end-user of electronic communications services who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the infringer for the damage suffered, unless the infringer proves that it is not in any way responsible for the event giving rise to the damage in accordance with Article 82 of Regulation (EU) 2016/679.

The emphasised words appear in exactly the same form in Article 82(1) GDPR. The remainder of Article 82 provides circumstances where an infringer is not responsible for the event giving rise to the damage and thus not liable for breach of the GDPR, and those circumstances apply mutatis to an infringer who would not be liable for breach of the pePR.…

It’s time to abolish juries in defamation cases

28 September, 201729 September, 2017

| 1 Comment

| 2016-17 Reform, Defamation

Libel cases in England and Wales are “better off without juries”, according to Sir Mark Warby, the High Court judge with responsibility for the Media and Communications List of the Queen’s Bench Division. As reported yesterday in the Brief, the legal newsletter of The Times, he was speaking on Tuesday at the London conference of the Media Law Resource Centre, an American organisation. He said that he “does not regret the passing of the jury at all”, and he pointed out (pdf) that there are many advantages to the “virtual abolition” of juries in defamation cases:

It has removed the territorial disputes that quite often used to arise, over whether a given issue is within the province of the judge, or that of the jury. In addition, this reform has all but eliminated the practice of arguing the same point to different threshold standards on different occasions. It is now possible for many more cases to reach a final resolution more economically by early judicial decisions on key issues of fact, or mixed issues of law and fact.

In England and Wales, section 11 of the Defamation Act 2013 provides that defamation actions are to be tried without a jury unless the court orders otherwise.…