Media Reporting of Court proceedings

article 34

justice administered in public - proscribed by law

media assumes important role

Irish Times v Ireland - media widest possible freedom to report what happens in court - media eyes and ears of the public - essential for a truly democratic society

exceptions

family law - everyone else bar judge excluded from family law

benefits

help shine spotlight on old areas of law

drawbacks

in camera rule hidden from public the extent of marriage breakdown - no broadcasting which could help formulate government policy

broadcasting

  • SC now allow cameras for delivering of decisions

England - CA proceedings are broadcast - no first instance trials

US - depends on the state - criminal cases can be broadcast

Judges discretion to make orders about recording of court proceedings

judges impose restrictions of own motions or of application on the parties

Irish Press literal interpretation adopted - constitutional provision qualified administration of justice in public - required legislation to impose restrictions - Common law power to impose restriction did not survive constitution - any restrictions required legislation

Wright v Gorey Board of Management - 2 teens suspended for using substances, challenged sanctions - barrister sought order to disguise identities and name of school to not be identified - court no statutory permission for court to impose restriction for the type sought

Roe plaintiff used infected blood provided by board, sought to sue defendant, wanted fake name - didn't want case heard in private, just wanted to keep her identity private - judge against - public disclosure of identities essential for civil action - public right to same information as the judge and parties in the proceedings

Claimant v Board of St James unidentified plaintiffs sought to sue for contracting HIV, wanted to hide names and addresses - president of HC refused - no precedent or law justified departure from rules being administered in public

Irish Times v Ireland previous high profile drug trial had collapsed due to reporting of trial, CC judge imposed reporting restrictions, order appealed - HC and SC - restrictions to much - SC harmonious approach - judge should have ability to implement restrictions - right to fair trial- should go for less then outright restrictions

HSE - parents sought permission to publish reports, child died in violent circumstances - DC judge did have power to allow in camera rule to be lifted for certain information - entitled to impose restrictions for access to documents

Statutory Exceptions

s 212 Companies act 2014 - bind minority shareholders - fight between shareholders and company - don't want sensitive business information being disclosed

DF v Commission of Garda Siochana - s27 Civil Law Miscellaneous- could restrict reports due to medical condition - publication of person person having medical information - would cause undue stress and administration of justice would not be impaired - Man arrested, autism, sued for false imprisonment, protected identity - SC - as long as it meets terms of statute - order should be made

privilege

clergy -- confession box

journalists

legal privilege - can't be compelled to testify where you acted as a barrister

Re O'Kelly interview with accused court sought to compel him to handover and discuss interview - refused to do so - contempt of court - journalist imprisoned - replaced with fine - not immune from disclosing information received in confidence

Boyle v Governor of St Pats teacher visiting and minor who was detained in St Patricks - details leaked aobut smuggling phone - claim against institution - court refused to make order - could still prevail in litigation without information

Mahon v Keena Mahon tribunal, letter leaked, Irish Times published, tribunal wanted to discover source of leek - Irish Times destroyed evidence - SC - importance of sources - condemned behavior

Contempt of Court

Keegan v De Burca

criminal contempt objective is to punish - civil contempt objective is to compel

Shell v McGrath corrib gas line, individuals trespassed despite injunction, contempt of court, injunction discharged - served 94 days - enough - contempt was vindicated

IVRC v Quinn wanted to refrain Quinn from putting assets out of reach

Journalists

breach unanimity order - act of contempt

can't publish reports which tend to interfere with fairness of trial

rarely have opinion pieces while trial ongoing

Cullen v Toibin person convicted, sought to appeal conviction to Court of Criminal Appeal, evidence against was an accomplice, magazine published her view during trial - SC - dislikes magazine publishing during litigation, but nothing wrong - judge deciding on issues of law not questions of fact

Kelly v O'Neill applicant convicted of 3 gross offences, sentencing postponed, article published claiming involved in other crimes, already convicted - sentencing by judge- SC - matter no longer before jury - sentence still had t o be carried out - should have delayed publication not an outright ban

DPP v Independent man charged with murder of sister, evening herald published articlesdescribing nature of assault and way she died - reporting took place before trial - SC - test not if real risk to the trial, but if publication was calculated to interfere with the trial - didn't matter if there had been prejudice - fade factor irrelevent