IRELAND'S laws on protection by journalists of their sources are draconian, out of line with modern legal systems and stifle investigative reporting, the Fianna Fail law reform spokesman, Mr Willie O'Dea, has said. He called on the Government to amend the law.
Mr O'Dea was commenting on the case concerning Dublin journalist Mr Barry O'Kelly (32), who has refused to answer questions concerning his sources in the Circuit Civil Court. Mr O'Dea said it was arguable that the present laws were unconstitutional and that the Government had reneged on its promise to reform disclosure law.
"No journalist can afford to disclose his or her sources. To do so would have disastrous consequences for their career. It is absurd that others such as clergymen and politicians have been allowed to refuse to disclose their sources by the courts."
The National Union of Journalists welcomed yesterday's court decision to hear arguments on journalistic privilege. "Mr O'Kelly, who now works for the Star, has been subpoenaed to give evidence in a claim for damages case by a former employee of the Garda Representative Association against the organisation. In keeping with his NUJ code of conduct, he refused to identify his sources for an article written by him for the Irish Press in 1992."
The deputy general secretary of the NUJ, Mr Jake Ecclestone, said Mr O'Kelly's refusal to name his sources was in keeping with "the finest traditions of journalism throughout the world. By naming his sources, a journalist would not only damage his or her professional credibility but would seriously undermine the role of journalism in protecting the public interest."
The Irish secretary of the NUJ, Mr Eoin Ronayne, said that after the Susan O'Keeffe contempt case the Government made commitments to ensure such a situation would not arise again. "You would think that after all the political tears shed for Veronica Guerin, the Government would recognise that journalists had a duty to protect their sources, not only for personal safety but more particularly to ensure that the public interest is protected. It is particularly ironic that another young crime journalist faces a serious threat, this time from the State."
The National Newspapers of Ireland said a form of qualified privilege which would afford bona fide journalists the right not to identify their sources without fear of prosecution was essential if the media were to continue to investigate and comment upon matters of genuine public interest.
This would bring Ireland into line with other developed western countries.
A statement by the Star said it was fully prepared to back Mr O'Kelly in the legal action, but the newspaper was equally concerned by the problems which the current case was presenting to all journalists.