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  • Irish courts now recognise protection of sources

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    February 15th, 2010adminUncategorized

    In The Irish Times, barrister Damian Byrne, says how the Mahon v Keena and Kennedy result last year changes Irish courts’ position of the protection of journalist’s sources:

    Protection of sources now has courts’ imprimatur
    The Irish Times - Monday, February 15, 2010

    “…The right of a journalist to protect the  confidentiality of sources has now received the imprimatur of the Irish courts in the case of Mahon v Keena and Kennedy…”

    “The judgments of the High Court and Supreme Court in Mahon v Keena and Kennedy are very much at odds with older Irish authorities such as Re Kevin O’Kelly. An important caveat is that the right of non-disclosure does not seem to have been challenged or contested in this case, and Re Kevin O’Kelly was not considered. The O’Kelly ruling can probably no longer be regarded as good law in light of the enactment of the 2003 Act [the European Convention on Human Rights]. There is still no question of journalists enjoying an absolute privilege against disclosure. They will still be compelled to reveal sources by a court if disclosure is deemed justified “by an overriding requirement in the public interest”.

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