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Blowins and Invasion of Privacy

17 January, 200723 January, 2007
| 6 Comments
| Freedom of Expression, Irish Society, Privacy

A Dublin family, the Grays, who moved to Ballybunion, Co Kerry, under the Rural Resettlement Programme, discovered the hard way just how confidential garda (police) records can be (or not). After their nephew had been released from prison, having served a sentence for rape, they took him in for a while. The local gardaí leaked this to the local media, and the wonderful welcoming people of Kerry not only shunned the family, but the public mood turned so nastily against the family that they suffered mental distress, anxiety and personal injury, and eventually had to leave their rural idyll. The Irish Times website reports that, in the High Court today, the family succeeded in their action for invasion of privacy against the state.

As TJ McIntyre points out, this is not the first time that the gardai have leaked information to the press and been found to have invaded privacy as a result. This raises a great number of issues, not only about privacy, but also about freedom of expression, and journalists’ sources.…

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We are still the People

15 January, 200715 January, 2007
| No Comments
| Politics

Less than 24 hours after yesterday’s entry “We, the People” was written, all seems changed. The morning news cycle is dominated by the headline in the Irish Independent that “Rabbitte leaves door open for Ahern pact“. Now, there may not be as much to the story as the headline makes out, as it wasn’t until he had been “pressed repeatedly on the issue” that Rabbittee acknowledged that he “may” (not would) have to “rethink his strategy if the only likely alternative is to call a second election”.

This seems a terribly grudging concession to incessant questioning.…

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Paying the Broadcasting Bill …

14 January, 200717 January, 2007
| No Comments
| Media and Communications, Politics

.. will soon cost more. Not only are the ongoing hearings on the Broadcasting Bill (mentioned here on Wednesday) likely to result in a broadened definition of television requiring a tv licence fee (even if not so broad that it will catch mobile phones – though it will be interesting to see how effectively this is achieved), but the fee itself is soon to to go up.

Oh joy. …

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We, the People

14 January, 200715 January, 2007
| 1 Comment
| Politics

On the ‘This Week‘ show, on RTE Radio 1 this afternoon, Pat Rabbittee (Leader of Ireland’s Labour Party) artfully danced around presenter Gerald Barry’s questioning about whether Labour will go into coalition with Fianna Fáil after the next general election, expected in early summer. Rabbittee: ‘it won’t arise’; Barry: ‘but if it does?’; Rabbitte: ‘I want Fianna Fáil out’; Barry: ‘but what if?’. And so it goes; and so it went (the full interview is here).

Whatever about Rabbitte’s position now, in my view, if the numbers after the next election are such that the only possible government is a coalition of Fianna Fáil and Labour, then, after the election and the weeks of horsetrading that generate that potential coalition and its programme for goverment, there must be another election, to allow us, the people, to give our imprimatur (or not) to it. …

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Don’t say it ain’t so

13 January, 200727 January, 2009
| 4 Comments
| Freedom of Expression

The Irish Times today carries a report by Jamie Smyth that Germany has proposed an EU ban on holocaust denial and – perhaps – the dissemination of xenophobic statements that could incite violence or hatred. Germany, in common with several other EU states, including France, Belgium and Austria (as David Irving found out), has holocaust denial legislation on its statute books, and legislation against incitement to racial hatred is to be found in countries like Ireland and the UK.

We have been here before (Smyth says that an earlier attempt by Germany in 2004 to get this type of law passed by the Council of Ministers foundered), and this initiative may similarly come to naught. It should. …

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Speech Skirmishes

12 January, 200717 January, 2007
| 1 Comment
| Media and Communications

Today’s papers carry two stories with interesting freedom of expression angles. Both cases are in their initial stages, with more to come: one returns to the High Court today and the other to the Circuit Criminal Court on Monday week. It would not be much of an exaggeration to say that they have to capacity to test the health of freedom of expression and media rights in Ireland today, and it will be interesting to see how they develop.

These two skirmishes presage potential speech battles ahead.…

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Thanks for the advice

11 January, 200719 January, 2007
| No Comments
| Uncategorized

As a blogging neophyte, I’m always on the lookout for ways to improve my blog both for you (my reader, if there is one), and for me. So, I want to thank John Ryan for today’s entry on blogging tools and information.

I particular like the comment spam protector. …

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Young Scientists and Visual Identification Evidence

11 January, 200713 January, 2007
| No Comments
| Irish Society

I am, alas, neither young nor a scientist, but someone in the family is both, and we spent this evening at the BT Young Scientist and Technology Exhibition at the RDS. Running since 1965, the exhibition is an annual competition for encouraging interest in science in Irish schools. This year’s exhibtion appealed hugely to the geek in me, as it always does. Media reports have focussed on the bebo projects featured in the photos, but there was far more to it than that: 500 competitors and whole host of supporting exhibitors, serving up a veritable feast for the eyes and mind.

I particuarly enjoyed a student web-radio station, a plagiarism detection tool, and two visual identification projects. …

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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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  • It’s good to TalkTalk – Part 2: negligence claims for data breaches
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  • Political expression, autonomous communication, and anti-social behaviour orders: a note on Tallon v DPP [2022] IEHC 322 (31 May 2022)
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