Media now permitted to report on family law cases

The media will be allowed to report on family law cases under new regulations designed to provide greater access to childcare hearings.

However, journalists face fines of €50,000 and up to three years in jail if they breach strict prohibitions on material that would likely to lead to the identity of the children involved or parties to family law proceedings.

The changes are part of the commitment in the Programme for Government to reform and modernise aspects of family law.

Justice Minister Alan Shatter yesterday announced reforms to the in-camera rule for family law proceedings for the start of the new legal term.

Minister Shatter announces the coming into operation of reforms to the in camera rule in family law proceedings: http://t.co/vZqZHAgusP

— Department of Justice, Home Affairs and Migration (@DeptJusticeIRL) January 12, 2014

Mr Shatter, a former family lawyer, said: “We are now implementing important changes to the long-standing in-camera rule in family law and childcare proceedings. It is in the public interest that there be greater knowledge of the administration of the law in this important area and in this context that the media have access to and be able to report on family law and childcare cases.

“These reforms will provide valuable information to the public, judiciary, and legal professionals on the operation of the law by our courts.

“However, the public’s right to know has to be balanced with a family’s right to privacy. It will be strictly prohibited to report any information likely to identify the parties to the proceedings or any child to whom the proceedings relate.”

The courts will retain the power to exclude representatives of the press or to restrict reporting in certain circumstances.

The intention of the measure is to provide an appropriate balance in the public interest between providing greater transparency with regard to the application of family law by the courts, whilst ensuring that the best interests of children are protected and that the legislation does not act as a deterrent to those who need to access the courts to address a family issue from doing so.

It is also designed to ensure that the anonymity of those engaged in family and/or childcare disputes is preserved and that sensitive information is not disclosed.

The legislation prohibits the reporting of information likely to identify the parties to the proceedings or any children to whom the proceedings relate.

Breaches of the prohibition will constitute a criminal offence and those found guilty of the offence may be liable to a fine to a maximum limit of €50,000 and or a term of imprisonment up to three years.