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Media Reporting on court jurisdiction (justice done in public (article 34,…
Media Reporting on court jurisdiction
contempt of court jurisdiction
justice done in public
article 34
qualification - special and limited circumstances prescribed by law
practical limitations - not many people able to go to courts to see justice being administered
media assumes important role about reporting on Court proceedings
Irish Times v Ireland
media should have widest possible freedom to report
prevent corruption - accountability
in camera
family law proceedings
some issues may not be picked up by legislator
law may remain undeveloped - lack of calls for reform
no live broadcasting of court
SC now allowed cameras for delivering decisions
Benefits
old areas of law can be reformed
historically judges power to impose recording restrictions on own motion or due to application of parties
ability to restrict reporting
Wright v Gorey Board of Management
Barrister wanted to hide identities
court had no permission from statute to impose restriction
2 teenagers suspended and expelled - challenged sanctions
Roe
wanted to remain anonymous
not allowed public disclosure of identities essential for civil action
plaintiff used infected blood, contracted hepatitus
claimant v Board Janes - contracted HIV - wanted to proceeded without revealing names and addresses - not allowed prosecution of claim in fictitious claim
Irish times v Ireland
- previous trials collapsed due to nature of reporting - CC judge imposed reporting restrictions to preserve fair trial
SC and HC - not allowed - outright restriction not only option - need to take least restrictive manner
HSE - childcare proceedings held in camera - child died in violent circumstances - parents want to publish reports - DC judge did have power to lift restriction for certain info
Statutory exceptions
DF v Garda Siochana
Man arrested, had autism, sued for false imprisonment - father had said he had autism - HC refused it byt SC granted - as long as meets terms of statute order should be made - 2008
s 27 Civil Law Miscellaneous provisions act - could restrict reports on medical conditions - had to be satisfied person had medical condition and the publication of the person having the medical condition would cause undue stress or the administration of justice to be impaired
s 212 Companies Act
bind minority shareholders - don't want sensitive business information being disclosed