NUJ claims privacy law would damage media

The Government's proposed new privacy laws would "seriously damage" the freedom of the media and negate other planned reforms…

The Government's proposed new privacy laws would "seriously damage" the freedom of the media and negate other planned reforms of the libel laws, the union representing journalists has claimed.

Minister for Justice Michael McDowell announced the publication of the Defamation Bill and the Privacy Bill earlier this week.

The chill effect of the injunctive powers and the right to seize material would undoubtedly impede legitimate journalistic investigation and, in particular, act as a disincentive to whistleblowers
Seamus Dooley, NUJ Irish Secretary

The Defamation Bill will also make it easier for people who feel they have been defamed to get speedy redress from the media through the publication of corrections in lieu of damages.

Other reforms planned include the establishment of a press council and a change to libel laws providing a new defence of "fair and reasonable publication on a matter of public importance".

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The Privacy Bill will make it a specific offence to violate the privacy of an individual.

The National Union of Journalists (NUJ) said that both bills were considered by its Irish Executive Council yesterday.

In a statement, NUJ Irish secretary Seamus Dooley called on the Minister for Justice, Michael McDowell, not to proceed with the legislation and to allow the proposed Press Council to function in the absence of privacy legislation for a two- to three-year trial period.

Mr Dooley said the establishment of a press council as outlined in the Defamation Bill would address "the real and legitimate concerns relating to invasions of privacy in Ireland".

"The NUJ recognises the right of public figures to a private space. We recognise that all citizens have a right to privacy and that elements of the media have been guilty of serious transgressions," he said.

"Many of these transgressions could not be justified on grounds other than prurience and could never be defended on the grounds of public interest.

"In seeking to address such transgressions the Minister has produced a Bill which could undermine the ability of the media to function.

"The chill effect of the injunctive powers and the right to seize material would undoubtedly impede legitimate journalistic investigation and, in particular, act as a disincentive to whistleblowers."

The Defamation Bill serves the public interest by reforming outdated legislation and allowing for the establishment of a Press Council funded by the industry but granted legal privilege through statutory recognition
Seamus Dooley, NUJ

Mr Dooley expressed concern about the potential impact of the legislation on investigative stories. He claimed that "the merest whiff" of an investigation would result in "a quick dash to the Four Courts" to have the journalists' work stopped and their material seized.

The NUJ Irish secretary welcomed the Defamation Bill, however.

"The Defamation Bill serves the public interest by reforming outdated legislation and allowing for the establishment of a Press Council funded by the industry but granted legal privilege through statutory recognition," he said.

"Mr McDowell engaged in a detailed consultative process and, to his credit, took on board a wide range of views before publishing the Bill. It is deeply disappointing that a similar process of consultation has not taken place on the Privacy Bill.

"The NUJ welcomes the provisions in relation to the Press Council. The proposals broadly reflect the views of the Press Industry Steering Committee. It is regrettable that the shrill reaction from some quarters has distracted attention from the many positive features of the Defamation Billl but also from the disturbing features of the Privacy Bill".