Lenihan warns on privacy legislation

The Government will have "no choice" but to introduce privacy legislation if the media fail to show respect for the right to …

The Government will have "no choice" but to introduce privacy legislation if the media fail to show respect for the right to privacy of individuals, as set out in a voluntary code of practice, Minister for Justice Brian Lenihan has said.

Mr Lenihan was speaking at the official launch of the Press Council and the Office of the Press Ombudsman in Dublin today.

"Shortly after my appointment as Minister for Justice Equality and Law Reform, I undertook a short, focused consultation on the Defamation and Privacy Bills that had been published by the last Government," he said.

I am bound to make it clear to you that if the media fails to show respect for the right to privacy as specified in its own Code of Practice, the Government will have no choice but to proceed with its privacy legislation
Minister for Justice Brian Lenihan

"Arising from that review, the Government accepted my proposal to park the Privacy Bill in order to allow the Press Council the opportunity to prove its effectiveness in defending the right to privacy from unwarranted intrusion by the media."

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"I don't think I am breaching any state secrets when I tell you that not all my colleagues had boundless enthusiasm for this approach. I would not for a moment dismiss their reservations and, indeed, concern about media intrusion is not exclusive to those of us involved in politics.

"Members of the public are also concerned about this tendency and I am bound to make it clear to you that if the media fails to show respect for the right to privacy as specified in its own Code of Practice, the Government will have no choice but to proceed with its privacy legislation," Mr Lenihan added.

The Minister warned that the model of self-regulation of the press through the Press Council and Press Ombudsman offers only limited accountability and that it was open to criticism. He called on the two bodies to demonstrate their effectiveness.

"Essentially, the Press Council will be relying on its moral authority and I do not mean in any way to slight that authority," he said. "But, be warned: there are many sceptics out there. You would do well to prove them wrong at an early date."

The ombudsman Prof John Horgan has had at least 24 inquiries by people concerned about newspaper articles since his office opened a week ago.

A spokeswoman declined to reveal how many investigations have been opened but said a number of cases are being looked at.

The ombudsman will look at complaints based on a new code of practice agreed by the press. It contains 10 principles covering truth and accuracy, fairness and honesty, respect for the rights of others and privacy.

It is hoped the new body will give the public a cheaper avenue for complaints rather than lengthy and expensive court hearings.

Chair of the Press Council Prof Tom Mitchell said the new arrangements were a significant development for the industry.

"The Irish public now has available to it a new procedure for dealing with complaints against the print media that is independent, accessible, simple, quick and free," he said.

Additional reporting: PA