A LAW of privacy governing all categories of citizens is not possible and should be rejected, according to the National Unions of Journalists.
In a submission to the Law, Reform Commission the NUJ says the commission, in a discussion paper, has not provided a "compelling reason for introducing legislation on privacy". The commission recommended that a law on privacy should be introduced.
The NUJ, which represents 95 per cent of broadcasting and print journalists in Ireland, says in its submission that while the commission commends some of the non statutory guidelines and codes, including the RTE broadcasting guidelines and the NUJ's code of conduct, it does not give any reason for enshrining these provisions in law.
"The only legitimate basis for such a case would be that these ethical principles were widely disregarded by the Irish media. But the commission does not produce substantiating evidence."
The commission's paper had cited examples of media intrusion in Britain, which the NUJ says is not an argument for altering the law in this State.
"The law needs to act very carefully when it enters into the domain of freedom of speech. Courts can only adjudicate on the guilt or innocence of an individual or group. But the world of the media is more nuanced. For example value judgments in the media provisional and may change as new evidence appears. Investigative journalism is easily out. It depends upon an atmosphere in which the role of journalism is respected. The effects of legislation which limits the range of investigation may turn out to be far more wide ranging in practice than originally intended."
Defining privacy is difficult and the union is concerned that the definition of privacy would be left to judges in each case. "Reporters and photographers would, in this situation, be left without a prior definition of what constitutes an invasion of privacy."
The NUJ fears that journalists could find themselves in court for what they thought to be a perfectly legitimate act carried out in the pursuit of their professional duties and in the public interest.
The NUJ says that self regulation would be far preferable to law and that a commission could be established in the context of radical reform of existing media law.