The Press and the Minister for Justice in Ireland

Can wealthy individuals obtain a court order to prevent investigative journalism related to themselves? According to Paul Cullen's piece in The Irish Times on April 1st, this is the newspapers' argument against privacy legislation in Ireland. However, the Minister for Justice, Dermot Ahern, says that there is no threat to investigative journalism in privacy legislation. Investigative journalism which seeks to hold government, institutions of the State, business and other organizations up to scrutiny would not be threatened, he said.

With the Press Ombudsman and the Press Council, I wonder if there is a need for privacy legislation. Is privacy legislation, as the newspapers might argue, simply a protection for the ones who can afford a court order? Is this another example of affording the wealthy a "more equal" opportunity for fair play? So individuals who could afford the law would be able to avail of the security of the privacy legislation while the less-than-wealthy would have to roll the dice and hope the Press Ombudsman or the Press Council would protect them.

The Press Ombudsman's office opened in January of 2008. It is amazing to think that it was not in existence before this and it is equally amazing to think that in such a short time after its inception the Minister for Justice is seeking Privacy Legislation. Surely this privacy legislation could be incorporated into the functions of the the Press Ombudsman's office or the office of the Press Council, and avoid the courts altogether. (Of course taking into account that the legal option is costly and therefore prohibitive to many.) This seems too close to an avenue of exploration open only to the well off. If I was cynical I might suggest that it is once again those in power using our democracy to instill protection for the wealthy and powerful while trying to appear to be concerned for the general population.

The defamation bill which is up for consideration too "gives statutory recognition to the Press Council and Press Ombudsman and allows newspapers to offer an apology without risking an admission of liability." This bill would allow the publication to defend its reporting as "in the public interest." This is the issue that the Minister for Justice has a problem with - in the public interest. He sees the necessity to support privacy legislation because he cannot define "in the public interest." He says that this area may be abused with "careless propagation of trivial or tabloid issues masquerading as being in the public interest." How many definitions has he used in that sentence which could be analyzed with numerous results?

What is his definition of "careless propagation?" How does he define "trivial?" What does he say is a "tabloid?" And then he uses the term "public interest" so easily when his own concerns are what others will deem to be the definition of this term. He seems to be clear in the definition by his own use of the term!

While his concerns are founded he seems to be looking out for the big guy rather than the proletariat here. How many of the general population really worry about privacy? How many people are concerned for privacy over free access to information?

Cullen says in the byline, "Minister cites 'worrying trend' of media intrusion." Perhaps the Minister for Justice should be concerned with how some have managed to take advantage of others life savings. Perhaps looking for justice would be a justifiable endeavour for the Minister for Justice. Perhaps searching for answers to the questions surrounding the injustice of the economic disaster would help the population to be better prepared for the next upturn. Perhaps the next upturn could be a sustained realistic growth that helps the many and not the few. Would that be justice?

Maybe the Minister for Justice would be serving the proletariat by discovering what went wrong and who brought it all about. Maybe the Minister for Justice could delve into the workings of the government (past and present) and report to the population what he thinks brought this about. The justice in this exercise is to learn from the mistakes. The justice in this would trump privacy whether for an organization or the government or individuals.

Justice brought about by free and equal access to information - Now there's a novel idea. That's an idea that the electorate might expect a Minister for Justice to believe in.

(By the way why is it an ombudsman? Shouldn't it be the ombudsperson?)


Sources for this post: Cullen, P. April 1st, The Irish Times