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Supreme Court rules in favour of press freedom

The Supreme Court in Dublin has upheld the principle of protection of journalistic sources.

The Irish Times appealed a High Court order requiring its editor Geraldine Kennedy and journalist Colm Keena to answer questions that could reveal the source of a story.

The Mahon tribunal into alleged planning corruption wanted to question the journalists about a story published in the paper in September 2006, which revealed the inquiry was investigating payments made to former Taoiseach Bertie Ahern TD when he was the Minister for Finance.

Both journalists refused to discuss the source of the article, and appealed the High Court order because it failed to recognise fundamental principles of press freedom.

The court said the High Court erred in the exercise of balancing the rights of the journalists not to disclose their sources against the need of the tribunal to investigate the source of leaks. The decision of the five-judge court was unanimous.

NUJ Irish Secretary Séamus Dooley described the decision as: "Victory for press freedom, for journalism and for common sense. It is vital that journalists are allowed to act in the public interest, even when such work makes life uncomfortable for those in positions of power and authority.”

On June 18, 2009 in a Belfast court, journalist Suzanne Breen won the right to withhold material relating to the Real IRA from the state, in a landmark ruling on press freedom in that jurisdiction.

At Belfast Recorders Court, Judge Thomas Burgess refused an application which would have forced Breen the Northern Editor of the Dublin-based Sunday Tribune, to hand over notes, computer equipment and other material following publication of stories relating to the Real IRA.

The judge ruled Breen's life would be at risk if she handed over interview notes and other information.

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