Privacy laws will shackle press, say NUJ

PRESS freedom will be seriously compromised by proposed privacy legislation, the National Union of Journalists (NUJ) warned last night.

The crackdown unveiled by Justice Minister Michael McDowell will cancel out many of the positive aspects proposed in a parallel reform of libel laws, the journalists’ organisation said.

Irish secretary of the NUJ, Séamus Dooley, called on Mr McDowell to allow the proposed Press Council to function in the absence of privacy legislation for a two to three-year trial period.

“The NUJ recognises the right of public figures to a private space,” he said.

“We recognise that all citizens have a right to privacy and that elements of the media have been guilty of serious transgressions. Many of these transgressions could not be justified on grounds other than prurience.

“In seeking to address such transgressions the minister has produced a bill which could undermine the ability of the media to function.

“The chill effect of the injunctive powers and the right to seize material would undoubtedly impede legitimate journalistic investigation and, in particular, act as a disincentive to whistleblowers,” he warned.

Mr Dooley added that while the legislation makes provision for “an act of news-gathering” as a defence it also imposes considerable limits on that defence.

“This bill, if implemented, would be an invitation to avoid legitimate scrutiny through injunctions. At the merest whiff of an investigation there would be a quick dash to the Four Courts to stop the investigation,” he said.

However, Mr Dooley welcomed the Defamation Bill which clears the way for a Press Council.

“Mr McDowell engaged in a detailed consultative process and, to his credit, took on board a wide range of views before publishing the bill. It is deeply disappointing that a similar process of consultation has not taken place on the Privacy Bill.

“The NUJ welcomes the provisions in relation to the Press Council. The proposals broadly reflect the views of the Press Industry Steering Committee.

“It is regrettable that the shrill reaction from some quarters has distracted attention from the many positive features of the Defamation Bill but also from the disturbing features of the Privacy Bill,” he said.

The NUJ has commissioned an examination of both pieces of legislation ahead of a special conference in September.

Mr McDowell’s spokesman denied the legislation would act as a gagging charter for the rich and powerful.

“The Government does not believe that leaving the law of privacy obscure and uncertain is appropriate or in the interests of society at large,” he added.