Free expression organisations intervene in case of Northern Ireland investigative journalists

22 May 19 | News and features, Press Releases

[vc_row][vc_column][vc_row_inner][vc_column_inner width=”1/4″][/vc_column_inner][vc_column_inner width=”1/4″][vc_single_image image=”106984″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/4″][vc_single_image image=”106985″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/4″][/vc_column_inner][/vc_row_inner][vc_column_text]A raid on the homes and office of two Northern Irish investigative journalists should be ruled unlawful, freedom of expression groups Index on Censorship and English PEN have said in a submission to the High Court in Northern Ireland.

Index and English PEN have intervened in the case of Trevor Birney and Barry McCaffrey, who were arrested and questioned last year following armed raids on their homes over allegations a confidential document featured in their documentary No Stone Unturned, which examines claims of state collusion in the murders of six men had been stolen.  

During the raid, police seized documents, personal computers and USB sticks belonging to family members and copied a computer server that contained years of sensitive reporting by the documentary makers, risking endangering confidential sources unrelated to the film.

Birney, McCaffrey and Fine Point Films will argue in a judicial review case to be heard in Belfast next week that the court should recognise that the search warrants used to carry out the raids were unlawful and improperly executed.

Index on Censorship and English PEN filed a written submission to the court on May 17 after the court granted permission for the organisations to intervene.

“The application for and execution of the search warrants was wholly disproportionate,” the submission states, noting the “chilling effect” of such orders. “That chilling effect is considerably more acute when the application is made ex parte [with respect to or in the interests of one side only or of an interested outside party], when authorities on the rights of journalists are not brought to the Court’s attention, and when the manner of the execution of the search warrants is so severe… such conduct is likely to have the effect of intimidating journalists throughout Northern Ireland and further afield.”

Index on Censorship and English PEN are represented by solicitor Darragh Mackin at Phoenix Law and barrister Jude Bunting at Doughty Street Chambers.

For more information please contact Sean Gallagher at Index on Censorship – [email protected] – or Cat Lucas at English PEN – [email protected].

Notes for editors

The judicial review will be held from 28 – 30 May.

English PEN is a registered charity and membership organisation which campaigns in the United Kingdom and around the world to protect the freedom to share information and ideas through writing.PEN supports authors and journalists in the United Kingdom and internationally who are prosecuted, persecuted, detained, or imprisoned for exercising the right to freedom of expression. English PEN has a strong record of campaigning for legal reform throughout the United Kingdom.

Index on Censorship is a London-based non-profit organisation that publishes work by censored writers and artists and campaigns against censorship worldwide. Since its founding in 1972, Index on Censorship has published some of the greatest names in literature in its award-winning quarterly magazine, including Samuel Beckett, Nadine Gordimer, Mario Vargas Llosa, Arthur Miller and Kurt Vonnegut. It also has published some of the world’s best campaigning writers from Vaclav Havel to Elif Shafak.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1558600708500-33cfa04e-8965-8″ taxonomies=”8996″][/vc_column][/vc_row]

Exploring Ireland’s decline in media plurality

10 Nov 16 | Ireland, Mapping Media Freedom, News and features

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The full report is available in PDF format

The full report is available in PDF format

The Republic of Ireland has seen a steady decline in media plurality, according to the authors of a new report.

The recent Report on the Concentration of Media Ownership in Ireland, published on 19 October, concludes that the country has one of the most concentrated media markets, with wealthy media owners possessing the influence to skew the news report for personal gain. According to the report the  The authors — Caoilionn Gallagher and Jonathan Price at Doughty Street Chambers, Gavin Booth and Darragh Mackin at KRW Law, and commissioned by Lynn Boylan MEP– drew on a variety of studies to compile the report including research from the Centre for Media Pluralism and Media Freedom’s Media Pluralism Monitor (2015). Based on the source material, the report examined how diversity in viewpoints and opinions are reflected in a nation’s media content. 

CMPF created a Media Pluralism Monitor to measure whether a country is a “high risk territory” on a scale of 0% to 100%, with “high risk” countries falling at 74% or above. Researchers based in the 19 countries covered by the monitor collect data points that include protection of journalists, number of media outlets, political independence and social inclusiveness among other indicators.

In 2015 Dr. Roderick Flynn, of Dublin City University, generated a report on Ireland for CMPF’s Media Pluralism Monitor which found there was a “medium risk” (54%) of market plurality, and specifically “very high risk” (74%) in relation to the “concentration of media ownership”. Based on Flynn’s research it was concluded that, largely, the media concentration stemmed from businessman Denis O’Brien, founder of Communicorp, owner of a significant minority stake in Independent News and Media and a large portion of the commercial radio sector. The October report called O’Brien’s ownership and influence in media outlets a concern. Additionally, Doughty Street Chambers and KRW Law highlighted the Irish defamation law as a key issue “which threatens news plurality and undermines the media’s ability to perform its watchdog function”.

Though Flynn’s study and the Doughty Street Chambers and KRW Law report clearly point out significant issues, which have been further discussed with organisations such as the National Union of Journalists and the EU Commission, it also proposes ideas for revisions. The report states the “firm view that there must be detailed multi-disciplinary analysis and careful consideration before any steps are taken”. The authors of the report suggest that the Irish should “establish a cross-disciplinary commission of inquiry”, which would “examine the issues closely and make concrete recommendations.” Additionally the authors ask the Council of European Committee of Experts on Media Pluralism and Transparency of Media Ownership to work within the parameters of the European Convention on Human Rights (ECHR), a treaty that “the right to [business] property is heavily caveated under”. Consequently, by utilising the ECHR, the committee could spur a decrease in the media power of business moguls such as Denis O’Brien. Along with further modifications, the study indicates that these alterations are necessary to maintain media plurality in Ireland.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1479382383515-ed0923d1-1fb7-1″ taxonomies=”76″][/vc_column][/vc_row]