Ireland: Continue to prioritise media freedom and better protect journalists

Barry McCaffrey. Image credits: Ricardo Gutiérrez / EFJ.

25 October 2024 – Following a two-day mission to Dublin on 22-23 October 2024, the partners of the Council of Europe’s Platform on Safety of Journalists today called on Irish authorities to continue to engage with civil society in order to prioritise the reform of defamation legislation, the adoption of comprehensive anti-SLAPP provisions, the safety of journalists throughout the island of Ireland, and a sustainable model for trusted public service media. 

  The Partner organisations met with journalists, representatives of the National Union of Journalists (NUJ), and government officials from the Department of Justice and the Department of Tourism, Culture, Arts, Gaeltacht, Sport, and Media. The delegation noted with concern the ongoing delays in reforming Ireland’s defamation laws and highlighted the urgency of reform that incorporates strong anti-SLAPP provisions. The organisations also note the transposition timeline for the EU Anti-SLAPP Directive requires a timely engagement by the authorities on this vital issue.  

While it is unlikely the Defamation (Reform) Bill will be passed prior to the expected General Election, it is vital the new administration gives priority to this Bill.  

 Without the necessary reforms, Ireland will be without adequate protections against abusive legal threats at a time when powerful actors, including politicians, are using defamation and the threat of defamation law to silence or intimidate journalists. 

We further express our grave concern regarding the treatment of journalists and their sources in Northern Ireland, exemplified by but not limited to the cases of Barry McCaffrey and Trevor Birney who have been surveilled by police forces based in England and Northern Ireland to identify their sources. Evidence produced during hearings of the Investigatory Powers Tribunal has established that McCaffrey’s communications have been monitored on five separate occasions between 2008 and 2018. There have been further reports of applications to access the information of more than 320 journalists and 500 lawyers. Due to the cross-border nature of this alleged surveillance and journalism, we call on the Irish authorities to engage with their UK counterparts to ensure that such flagrant abuses of press freedom are prevented in the future. 

The delegation recognises and welcomes the efforts of the Irish authorities to maintain a structural dialogue with journalists themselves, through the presence of NUJ and journalist representatives on the Media Engagement Group. Such engagement is vital at times of heightened tensions, such as demonstrations, elections, and protests, and is at the heart of the Council of Europe Journalism Matters campaign. We urge the next administration to maintain this work and to ensure it is resourced sufficiently in order to remain a vital and valued resource and point of support for all journalists. This could ensure Ireland can become an exemplar for other Council of Europe member states in respect of promoting the safety of journalists. 

 The Platform is concerned by reports of the Garda Síochána demanding access to journalists’ material particularly related to covering demonstrations. We call on the Gardaí to cease making these demands which also increase the security risks faced by journalists who may be targeted by demonstrators who believe their recordings will be used by the Gardaí. Moreover we call on the Gardaí to do more to engage with journalists on protecting them from growing threats online or offline.  

 The Platform partners are also concerned by the recently announced 3-year funding model for the Irish public broadcaster RTÉ, which risks resulting in staff cuts and the outsourcing of productions. We call on the authorities to ambitiously implement the European Media Freedom Act’s Article 5, which obliges EU Member States to ensure adequate, sustainable, and predictable funding for public service media.  

 Finally, the delegation calls on the Irish government to take fresh action in respect of the 2001 murder of journalist Martin O’Hagan. A new government in the UK and an imminent election in Ireland provide the opportunity for a fresh start in this case to ensure impunity does not endure. We call on the Irish government to engage with the UK authorities to take effective actions in order to investigate this egregious case anew. 

 The delegation was composed of representatives from the Association of European Journalists (AEJ), the Committee to Protect Journalists (CPJ), the European Broadcasting Union (EBU), the European Centre for Press and Media Freedom (ECPMF), the European and International Federations of Journalists (EFJ-IFJ), Index on Censorship, the International Press Institute (IPI), Justice For Journalists Foundation (JFJ), PEN International, International News Safety Institute (INSI) and Reporters Without Borders (RSF). 

  Note to editors: 

 For further details contact Aurélia Dondo, Head of Europe and Central Asia Region at PEN International: Aurelia.dondo@pen-international.org