by David Phelan July-20-2022 in Media Law, Defamation
The Annual Report for 2021 of the Press Council of Ireland and Office of the Press Ombudsman has recently been released. The Ombudsman receives complaints from members of the public about articles published by members of the Press Council, and the Press Council oversees the professional principles embodied in the Code of Practice, and upholds the freedom of the press.
Review of the 2009 Defamation Act and what it means for ensuring fair press in Ireland
The Annual Report considers the review of the Defamation Act 2009 (the “2009 Act”) issued earlier this year by the Department of Justice. That review acknowledged the important role that the Press Council of Ireland plays in maintaining a free and fair press in the State. The review has proposed the putting forward of draft legislation by the end of this year, which was welcomed by the Press Council in the Annual Report.
One of the recommendations in the Department of Justice review involves creating an obligation on solicitors to bring the services of the Press Council and the Press Ombudsman to the attention of their clients.
Statistics regarding the number of complaints received in 2021
In 2021, there were 527 complaints received by the Press Ombudsman, which was an increase of upwards of 50% from 2020. Publications in respect of Covid-19 was driving factor in the increase in reporting of issues to the Ombudsman.
Of the 527 complaints received by the Ombudsman:-
- 20 complaints were not upheld;
- 7 were upheld (with 1 overturned by the Press Council on appeal); and
- 4 complaints were resolved by remedial action offered by the publication.
There were 12 appeals before the Press Council, one of which was overturned and the remaining eleven which were rejected.
The majority of complaints received related to publications by a national newspaper in both print and online versions. There were also complaints made in relation to local newspapers, online news outlets, student publications. A number of the complaints related to publications which were unknown in that they were not indicated by the complainant.
The various principles of the Code of Practice and the 2021 statistics regarding each
The 2021 Report also provided a breakdown of the complaints per the offending principle from the Council’s Code of Practice.
Principle 1 – Truth and Accuracy: There were 208 complaints made in relation to principle 1.
Principle 2 – Distinguishing Fact and Comment: 46 complaints were made in relation to principle 2.
Principle 3 – Fairness and Honesty: 27 complaints were made in respect of principle 3.
Principle 4 – Respect for Rights: There were 37 complaints made in relation to principle 4.
Principle 5 – Privacy: 47 complaints were made in relation to principle 5.
Principle 6 – Protection of Sources: Only one complaint was made in relation to principle 6.
Principle 7 – Court Reporting: There were 13 reports made concerning principle 7.
Principle 8 – Prejudice: 63 complaints were made in respect of principle 8.
Principle 9 – Children: There were 20 complaints made in relation to principle 9.
Principle 10 – Reporting of Suicide: There were 3 complaints made in relation to principle 10.
Principle 11 – Publication of Decision of Press Ombudsman/Press Council: Finally, no complaints were made in respect of principle 11.
New Press Ombudsman
The Annual Report is an interesting and worthwhile read, and identifies the good work done by the Press Ombudsman and Press Council in dealing with complaints upholding the principles of the Code of Practice and promoting a free press.
Shortly after the Annual Report issued, it was announced that Susan McKay, is being appointed as the new Press Ombudsman with effect from the 1st October 2022. She is replacing Peter Feeney who retires after eight years in the post.
The Annual Report is available at: http://www.presscouncil.ie/press-council-of-ireland/press-releases-and-annual-reports/annual-reports
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About the Author
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David Phelan
David is Head of the Commercial & Business team at Hayes solicitors and advises a number of the firm’s major corporate clients. He advises on a wide range of corporate and commercial law issues. He has expertise in advising on general corporate and commercial matters, particularly in the manufacturing, retail, aviation, sports and motor sectors, and also frequently advises clients who operate in regulated areas.