Legal Environment - week 1

Page 1

Ireland is common law - reliant on case law - especially for privacy cases

sources of law -

1. European Union law - primary legislation are treaties / secondary legislation is

decisions ( enacted within specific member states)

directives ( all member states but is not enacted immediately as every state is different)

regulation (binding on all member states + enacted immediately

2. Irish Constitution - 1937 - enumerated (freedom of expression 40.6.1) and unenumerated rights (privacy 40.3.1)

legislation and statutes are acted by dáil + Seanad - Oireachtas has the power to enact laws

3. all legislation must comply with the constitution - incompatible will be struck down

primary legislation (acts of the Oireachtas e.g defamation act 2009 ) + secondary (legislation, orders, bye-laws)

4. Common law/case law - legal precedent is most important - application of the law in higher or supreme court in a similar case - the doctrine of stare decisis.

Authoritive Precedent - inferior court must follow law with similar case + facts

Persuasive Precedent - court can adapt or ignore precedent e.g follow case under English Law

Irish Cases involving the Media

Herrity v associated newspapers (2008) - Priest

Hickey v Sunday Newspapers Ltd (2010) - son registry office

Mahon v Keena (2009) - Colm Keena's story about Bertie Ahern - anonymous sources - journalistic privilege

International Law - ECHR 1950

ECHR act 2003 states that Irish law must be compatible with that of the ECHR

Privacy - article 8

freedom of expression article 10

Civil cases - individuals or companies (plaintiffs and defendants) - proof - a balance of probabilities - e.g defamation or breach of privacy

Remedies for civil trial - damages - monetary compensation

superinjunction - can talk about the story or the fact that an injunction was granted

injunction - stop the defendant from doing something - perishability of news makes this a major hindrance to news

Specific performance - where there is a contract the court can make a party fulfill their obligations

criminal cases - the director of public prosecutions - prosecution and defendant - right to a trial by jury - the proof is beyond a reasonable doubt - imprisonment, fine, probation, community service

amount of possible damages awarded will decide the court for civil trials

Hierarchy of civil courts Supreme Court, Court of Appeal (New Court), High Court, Circuit Court, District Court

District court - 15,000

Circuit court - 75,000

High court - minimum comp 75,000 - no max

supreme court - no comp (hears appeals from high court)