Dáil moves to protect journalists’ sources

New press law on cards following INM controversy

A LAW on the protection of journalistic sources could be on the way after the Taoiseach gave a commitment to speak to the Minister for Communications on a new measure.

‘Given recent revelations, we will have to consider legislation in this area to protect sources,’ the Taoiseach told the Dáil.

Leo Varadkar was reacting to issues arising from the controversy at Independent News and Media (INM) where equipment containing records of emails and other data of 19 people connected to the company, including journalists, were allegedly taken overseas and trawled through.

Fianna Fáil leader Micheál Martin told the Taoiseach there was deep concern about the alleged data breach at INM, with a free media essential to Warning letter: Denis O’Brien the operation of a democracy.

‘We should all hold dear the protection of journalistic sources, editorial independence, the independence of journalists and their freedom from any undue interference,’ he said, adding recent events served as a wake-up call for the Oireachtas to consider legislation.

Former chief justice John Murray reported last year that this protection should apply generally because it was essential to democracy, but nothing had been done.

‘We should have specific national legislation for source protection, with its legal foundation being the right to freedom of expression, including press freedom and privacy,’ Mr Martin said.

‘It should extend to all acts of journalism and across platforms.’

Unesco also recommended two years ago that arbitrary, unauthorised and wilful violations of confidentiality by third parties should be criminalised.

Mr Martin raised another issue, saying Ian Drennan of the Office of the Director of Corporate Enforcement had received correspondence saying he may be personally held liable for all things done in the line of his duty. The warning letter came from major INM investor Denis O’Brien.

‘It is very important that the message go out from the Oireachtas and Government that any actor of the State is indemnified and will not lose out in any way for conducting his duty on behalf of the taxpayer and the State,’ Mr Martin said.

‘No agent of the State should have to work under that sort of intimidatory cloud, or to have it hanging over him in terms of the conduct of his duties.’

Mr Varadkar said there was a full indemnity for all public servants.

Regarding the media, Mr Varadkar said: ‘Journalists must be free to pursue stories. Their sources should be protected and free from any unjust interference, external or internal.

‘The reported data breaches represent a very significant threat to the freedom of our press. Obviously, any alleged breach affecting personal data is a matter of concern.’

‘Free media is essential’