cearta.ie – Page 33 – the Irish for rights

Updated: 1 November 2017

Article 11(2) of the Charter of Fundamental Rights of the European Union (pdf) provides that

The freedom and pluralism of the media shall be respected.

As a consequence, as part of its implementation of the Digital Single Market, the European Commission defends Media Freedom and Pluralism in a variety of ways. For example, the Media Pluralism Monitor is designed to identify potential risks to media pluralism in Member States. It is based in the Centre for Media Pluralism and Media Freedom in the Robert Schumann Centre for Advanced Studies at the European University Institute, Florence. The pilot programme was established in 2009. The monitor has been implemented twice, first in 2014 on 9 EU countries, and second in 2015 on the remaining 19 EU countries. [Update: In 2016, the CMPF implemented the monitor in all 28 EU Member States and in two candidates countries (Montenegro and Turkey).] Ireland was included in the 2015 monitor, in a chapter written by Dr Roderick Flynn of DCU.

The monitor assesses four key areas of media pluralism. The first relates to Basic Protection, which concerns

regulatory safeguards for freedom of expression and the right to information; the status of journalists, and the independence and effectiveness of the national regulatory bodies.

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Overactive ATMs, overpayments, and theft

7 April, 201620 August, 2019

| 6 Comments

| Mistaken payments, Restitution

In the case of overpayments by an ATM, erroneous overpayments can be recovered by the bank (whether on foot of the bank’s terms and conditions, or pursuant to a restitution claim to recover a mistaken payment), and so must be repaid by the customer. Worse, seeking and retaining the overpayments can amount to theft. As I have said on this site, a bank error in your favour is not a gift from God; an overactive atm is not santa, and the scrooge bank will have to be repaid; bank errors are not a licence to gamble; and keeping the proceeds of a bank error in your favour can amount to theft.

All of this is brought to mind by a story in this morning’s Irish Independent (also Sunday World and 98fm):

Man who withdrew thousands of euro from ATMs during Ulster Bank computer failure avoids jail

… Babatunde Fagbule (46) visited several ATMs around Dublin and Meath on June 22, 2012 and made thousands of euro in withdrawals. By the end of the day the account, which belonged to his wife, was overdrawn by €8,315. … The court heard Fagbule had no right to withdraw more money than was in the account as it did not have an overdraft facility.

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Judicial appointments, and academics – again

31 March, 201618 May, 2016

| 4 Comments

| Irish Law, Judicial Appointments

Approximately one month after both Adrian Hardiman of the Irish Supreme Court and Antonin Scalia of the US Supreme Court suddenly passed away, Thomas Cromwell of the Supreme Court of Canada has given notice to the Canadian Minister of Justice that he will retire from the bench effective 1 September 2016. On theCourt.ca, John Mastrangelo writes that “the newly-elected Canadian government will soon face a challenge of its own in replacing a Canadian Supreme Court titan”. One aspect of Mastrangelo’s assessment caught my eye:

Born in Kingston Ontario, the young Thomas Cromwell earned degrees in Music and in Law from Queens University, an ARCT Diploma from the Royal Conservatory of Music, and a Bachelor of Civil Law from Oxford University. After spending time teaching at both the University of Toronto and Dalhousie University, Justice Cromwell served as Executive Legal Officer to then-Chief Justice Antonio Lamer between 1992 and 1995, before going on to serve in the judiciary himself. In 1997, he was appointed by former Prime Minister Jean Chretien directly to the Nova Scotia Court of Appeal despite not having had any prior experience as a trial judge (although he had previously served as a labour arbitrator and adjudicator in Nova Scotia).

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Defamation Reform in Great Britain and Ireland: A Comparative Analysis

30 March, 20163 October, 2023

| 2 Comments

| 2016-17 Reform, Defamation

All four jurisdictions in Great Britain and Ireland have engaged in reforming defamation law over the last decade. The Republic of Ireland and England and Wales have already enacted new Defamation Acts, while the Northern Irish and Scottish Law Commissions are currently working on reform proposals. Indeed, the Irish Law Reform Commission has recently been invited by the Attorney General to consider a very net issue relating to defamation law and court reporting.

Against this backdrop, the Private Law Discussion Group in the School of Law, Trinity College Dublin, will host a public event on defamation law reform in Great Britain and Ireland, from 17:30 to 19:00 on Friday 1 April in Neill Theatre, Trinity Long Room Hub, Trinity College Dublin (map).

The group is delighted to welcome Dr Eric Descheemaeker (pictured above left), of the School of Law, University of Edinburgh, who will examine selected provisions of the Irish Defamation Act 2009 (also here) against the wider background of defamation reform in the British Isles. The common substrate of these four systems makes it especially interesting to compare their approaches on a number of issues. Dr Eoin O’Dell, of the School of Law, Trinity College Dublin, will then respond to the issues raised in Dr Descheemaeker’s analysis.…

Valentine’s Mistakes

8 March, 201620 August, 2019

| 1 Comment

| Consumer, Contract, Mistaken offers

Complicated blue valentine; heart via pixabay; complicated via facebook Last month, the Daily Mail website ran a story under the headline: Fury as Tesco offers large bottles of Budweiser for just 14p each on its website – only to cancel orders because the price was a mistake. The offer appeared as a Valentine’s Day special, for beer lovers everywhere. In another example, last Autumn, shoppers on Sears.com noticed that expensive toys (such as kids’ accessories and play sets that cost hundreds of dollars) were available for only $11.95. Nancy Kim on ContractsProf Blog explains many of the contract law consequences of this mistake.

This kind of mistake happens a lot. Sometimes, it’s human error; sometimes, it’s a misfiring algorithm – thus proving the old adage: to err is human, but to really foul things up requires a computer (though, some of these errors could be maliciously caused by hacking). And these errors seem particularly headline-grabbing when they involve really cheap tvs or flights. I’ve looked at the legal issues in these situations several times on this blog: see here, here, here, here, here, here and here. …

Presidential freedom of expression – again

3 February, 201626 May, 2016

| 1 Comment

| Election 2016, Freedom of Expression

In 2014, I spoke at a public forum on cyberethics at the Trinity Long Room Hub. The event was part of the President of Ireland’s Ethics Initiative, and on Monday of this week, President Higgins launched On the Importance of Ethics, a report on the initiative. In his speech at its launch, President Higgins said that, during the conversations around the initiative

.. new important themes emerged, and many significant problems and obstacles were identified; for example the necessity of restoring trust in public institutions;, the need to return to the language of ‘citizen’ instead of ‘customer’ ‘taxpayer’ or ‘client’; and the consequences of returning to what I have referred to as a de-peopled version of the economy as we move out of recession. Again and again the importance of locating economic policy within a framework of social values that could create and sustain social cohesion came to the fore of discussions.

Speaking to Patsy McGarry of the Irish Times after the launch (report | video), the President expanded on this theme:

I can’t obviously comment on the platforms of the parties that will contest the election. But is it possible to have a decent society and at the same time continue to lower taxes for the purposes of securing the best short term benefit?

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Court reports and defamation

2 February, 201630 March, 2016

| 3 Comments

| 2016-17 Reform, Defamation, Open Justice

Before Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice.

Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News | Irish Times).

A spokesperson for the Law Reform Commission told Irish Legal News:

I can confirm that a referral by the Attorney General has recently been made to the Commission pursuant to section 4(2)(c) of the Law Reform Commission Act, 1975 [also here] to examine and research matters relating to defamation law and court reporting.

The Irish Times adds that Prof Donncha O’Connell, Head of the School of Law at NUI Galway and a Commissioner at the Law Reform Commission, will head up the examination.

It is a fairly narrow issue; and if, after consultations, the Commission concludes that there is indeed a case for reform of the law of defamation as it relates to court reporters, then it will require only a small number of amendments to the Defamation Act 2009 (also here) to achieve it.…

David Bowie – Memory Of A Free Festival

11 January, 201614 January, 2016

| No Comments

| General

… We touched the very soul
Of holding each and every life
We claimed the very source of joy ran through
It didn’t, but it seemed that way …

Bonus links for lawyers: For a brief period in 1968, as a day job while he was still David Jones, Bowie was a paralegal – essentially making photocopies – based near Lincoln’s Inn in London, at the litigation support (and now ediscovery) bureau Legastat.…