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Daniel Cregg article: breakingnews.ie breaks EU law: illegal photo, address and name published and listed on the Internet. EU articles of fundamental Human Rights.
Code of practice violations (the Irish Press Council) by Irish media
Irish Law violations by Irish media
EU Law violations by Irish media
by Daniel Cregg Aug 2023.
The following Irish media newspapers and publications are breaking Irish law, EU law, International law and the Irish Press Council code of practice in sensitive court cases by allowing media to publish the name, photo and address of an individual or persons:
Irish Independent Newspaper
Sunday World
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The Code of practice of the Irish Press Council principles violated:
“Principle 8 − Prejudice The press shall not publish material intended or likely to cause grave offence or stir up hatred against an individual or group on the basis of their race, religion, nationality, colour, ethnic origin, membership of the travelling community, gender, sexual orientation, marital status, disability, illness or age.” [2]
“Principle 4 − Respect for Rights Everyone has constitutional protection for his or her good name. The press shall not knowingly publish matter based on malicious misrepresentation or unfounded accusations, and must take reasonable care in checking facts before publication”.
Again another violation is “ Principle 8 − Prejudice” under “...sexual orientation….disability, illness...“.
Under Irish law “Fundamental rights under the Irish Constitution” it states:
"...The right to fair procedures
The courts and all public bodies or persons making decisions that affect your constitutional rights must treat you fairly. Two of the essential components of fair procedures in this context are:
The person making the decision that affects you should not be biased or appear to be biased.
You must be given an adequate opportunity to present your case. You must be informed of the matter and you must be given a chance to comment on the material put forward by the other side.
Bodily integrity
You have a right not to have your body or person unjustifiably interfered with. A person can only interfere with your body with a valid justification and in a proportionate manner. Similarly, you have a right not to be subjected to torture, inhumane or degrading treatment." [3]
The Irish Human Rights & Equality Commission and the EU Agency for Fundamental Human Rights were contacted multiple times regarding the specific violations with little to no help provided [4[[1]
Additional violations found in a complex court case:
Under the “EU Charter of Fundamental Rights”, the following articles have been violated in the Irish Republic by media:
Human dignity is inviolable. It must be respected and protected.
Article 3 - Right to integrity of the person
1. Everyone has the right to respect for his or her physical and mental integrity.
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 6 - Right to liberty and security
Everyone has the right to liberty and security of person.
Article 7 - Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Article 15 - Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State...” [1]
Due to photos, names and addresses being published by media as a result of sensitive court cases it can affect the persons right to get employment, and find accommodation also.
What was put forward to the Irish Human Rights Commission is what happens in Ireland when the above laws/practice codes have been violated? Does the state have an obligation to look into the matter and then prosecute the offending newspapers? In addition the Irish state itself may have to modify the law to prevent media from further violations and misleading/inaccurate word usage, and safety violations to individuals when photographs, full names and addresses are being published.
Article by Daniel Cregg
Editor/Researcher INL News Group
References:
[1] https://fra.europa.eu/en/eu-charter/title/title-i-dignity
[2] https://www.presscouncil.ie/press-council-of-ireland/code-of-practice
[4] www.ihrec.ie
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