AN OIREACHTAS committee is expected to report today that constitutional reform is not required in the short term in order to protect freedom of the press and the confidentiality of journalistic sources.
The joint committee on the Constitution takes the view that the courts are currently taking a liberal stance in this regard under the influence of the European Convention on Human Rights. But the committee is expected to suggest that constitutional reform is necessary in the longer term, in order to underpin the right to free speech, including freedom of the press and the protection of sources, on the basis that these should not be dependent on judicial support alone.
Chaired by Seán Ardagh TD (Fianna Fáil), with Jim O'Keeffe TD (Fine Gael) as deputy chairman, the committee will launch a key report at a news conference today in Leinster House on the issue of freedom of expression as set out in Article 40.6.1.i of Bunreacht na hÉireann.
Under the terms of the article, the State guarantees the right of citizens to express freely their convictions and opinions, provided this does not undermine public order or morality or the authority of the State.
The article further states that, "The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law."
The committee's report is expected to find that Article 40.6.1.i is in need of reform on the basis that it unduly emphasises restrictions on free speech, and that blasphemy, sedition and pornography are more properly matters for legislative treatment.
The courts are now required to interpret legislation in the light of the European Convention on Human Rights, and the committee's view is that the courts are applying the standard set in Article 10 of the convention in relation to confidentiality and the protection of sources.
Therefore an immediate change in the article would not necessarily provide any greater protection than is currently afforded by the courts.
In the course of public hearings, the committee took evidence from representatives of RTÉ, TV3, the Bar Council, the National Newspapers of Ireland and Dr Eoin O'Dell of the Law School at Trinity College Dublin.
The committee is currently examining the protection of fundamental rights under Articles 40-44 of the Constitution.
