Constraints on Court Reporting

Reporting on criminal/ civil justice for radio, print, tv and online news outlets in Ireland is always in demand in Ireland. As a trainee journalist is is essential that you are aware of the constraints on reporting from the courts to avoid being held in contempt of court.

• The journalist does not have different rights to an ordinary citizen when attending sittings of the various courts. The courts are open to journalists and also the public. There is a specific area where the public can sit as well as journalists.
• Some courts frequently hold in-camera sessions. This means in private. When a court session is in-camera the public and the press are not allowed in the court room. Specific details can not be released to the public. You can also not report on the Childrens Court.You cannot report details of the defendants in these cases as under 18s are almost always guaranteed anonymity.

• Sub-judice means ‘under a judge’. The sub-judice rule is intended to prevent ‘trials by media,’ and to keep them fair. It is put in place to stop reporting that may influence the court or more importantly the jury. Publications should not produce/reproduce evidence which could ‘seriously’ prejudice jurors. Sub-judice comes into effect from the time of charge in court, not arrest.
• Aswell as having no special rights when attending court sessions, Irish journalists also do not have the right to protect their sources. Enda Kenny has recently spoken out on how he thinks it is important that journalists have that right. If journalists can not guarantee the protection of their sources then they will most likely not get the information in the first place. The source will not give the journalist information if they believe their information will be handed over in court.