Media outlets did not breach privacy of sexually abused children, court rules
The High Court has ruled there was no breach, in reports and broadcasts by three media organisations, of the right to privacy of two children who was sexually abused.
The children had claimed that reports in the media of the conviction of a man who had attacked both her and another child resulted in their being identified, which amounted to a breached their constitutional right to privacy.
It was claimed that the publication had "a catastrophic effect" on the victims and led to them having to leave their home.
Today Mr Justice John Hedigan said in dismissing the action held that the media outlets had not violated the victims' right to privacy. The parties involved cannot be identified for legal reasons.
The two were abused by a man who later admitted charges of rape and sexual assault against them.
The action seeking damages and various orders against Independent Star Ltd, the Dundalk Democrat Ltd and Independent Broadcasting Corporation Ltd, trading as LMFM Radio, over reports used after their abuser pleaded guilty to offences at the Central Criminal Court.
It was certain details used in the reports and broadcasts - including the name, age and address of the convicted man, plus the dates when the offences occurred - had resulted in their being widely identified in their locality.
It was argued that the defendants published and broadcast information to the public without authority and breached of Sections 7 and 8 of the Criminal Law Amendment Act 1981, which grants the right of anonymity to victims and or complainants in criminal cases involving offences of a sexual nature.
It was further claimed that their identification caused the children considerable distress, upset and embarrassment. The claims were denied.
In his judgment Mr Justice Hedigan said there was nothing in the reports, from the media outlet's point of view that would seem likely to identify the victims.
