Media Law

Expertise

Protection against defamation and freedom of expression are fundamental rights guaranteed by the Irish Constitution and the European Convention on Human Rights, but conflicts frequently arise. We have advised in notable cases where the courts have focused on reconciling these fundamental rights.

We offer current and long-standing experience at the leading edge of defamation, privacy, and contempt law, applying deep knowledge of the complex and dynamic issues on behalf of publishers, authors, film makers and website owners. We provide pre-publication legal advice on books, biographies, contemporary writing and other written projects. We advise on film scripts both before and during filming and have advised on numerous documentaries and TV advertisements. Together with our corporate and commercial colleagues, we advise on media contracts, copyright, broadcasting licence applications and the use of the Internet.

Experience

Our Media Law team is recognised as a leader in this dynamic area of law. For many years we have represented The Irish Times. We have also advised private citizens in litigation to vindicate their good names and reputations.

• Advising NewsBrands Ireland (formerly National Newspapers of Ireland), the representative body for national and regional newspapers in the country, on a diverse range of media matters.
• Representing in defamation litigation against Kenmare Resources PLC. Following a six-day hearing before a High Court Judge and Jury, Mr Kinsella was awarded a landmark record sum of €10 million by the jury.
• Acting for Irish Times Editor Geraldine Kennedy and Public Affairs Correspondent Colm Keena in their successful Supreme Court appeal establishing the journalist’s right to protect their sources.
• Providing clients with workshops and lectures on contempt of court issues arising from court reporting and on defamation law.
• Advising publishers and authors on contractual matters. We offer specialist expertise in biographical and autobiographical projects, including Harry Browne’s controversial The Frontman: Bono (In the Name of Power) and Eamon Dunphy’s autobiography The Rocky Road.
• Advising Touchpaper Television, part of the Zodiak Media Group, in providing a legal overview on Charlie, a major three part-television drama project on aspects of the life of former Taoiseach Charles Haughey. Our work involved all aspects of the production from considering the original script to viewing the final cut of each episode.
• Advising one of two bidders for the Donegal North FM franchise in a competitive assessment carried out by the Broadcasting Authority of Ireland (BAI). We advised this newly formed consortium entity on its corporate structure as well as preparing all bid documents, advising on compliance with BAI requirements and on strategic industry issues. Advised the client at oral presentations of the bid before the BAI.