Thursday, May 11, 2017
Eoin Carolan, University College Dublin School of Law, is publishing Protecting Public Interest Reporting: What Is the Future of Journalistic Privilege? in the Irish Jurist. Here is the abstract.
Questions have recently been raised by the Disclosure Tribunal about the scope and basis of journalistic privilege: does it exist; who is it for; and when should it apply? This paper considers these questions in light of the decisions of courts in Ireland, Canada, Europe and England & Wales. It argues that there is no such thing as journalistic privilege. There is no absolute immunity from scrutiny for any person who describes themselves as a reporter. However, there is a strong argument that the law should recognise an exemption from legal obligations to disclose information; that there should be a presumption that news journalists are entitled to this exemption; but that this should be confined to situations where an exemption is sought in respect of material obtained by a journalist in good faith, the disclosure of which would undermine responsible news gathering practices.
The full text of the article is not available from SSRN.