Expression Media Essay Question Flashcards
(22 cards)
What is the main issue discussed in Mahon v Post Publications (2007)?
The scope of freedom of expression, especially regarding media publication, even when it causes distress or seems irresponsible.
What did Fennelly J cite from Lord Hoffmann’s dicta in Mahon?
Freedom includes the right to publish what judges and governments believe should not be published, subject only to clearly defined exceptions.
What Irish constitutional article protects freedom of expression?
Article 40.6.1.i of the Constitution.
What are the permitted limits on freedom of expression under Article 40.6.1.i?
Restrictions based on public order, morality, and authority of the State.
How did the Irish courts traditionally approach media freedom before Mahon?
They took a cautious and restrictive approach, prioritizing public order and morality.
What did State (Lynch) v Cooney (1982) establish?
Broadcasting bans for public order reasons were upheld, allowing restrictions on expression.
What principle came from Murphy v IRTC (1999)?
Religious advertising bans were upheld to maintain fair public debate.
What was the ruling in Colgan v IRTC (2000)?
Political advertising bans were upheld, justified under proportionality.
How did Mahon shift the Irish approach to freedom of expression?
It strengthened media protections and narrowed justifications for prior restraint.
What principle regarding prior restraint was emphasized in Mahon?
Prior restraint should occur only under strict, clearly defined exceptions.
What key case reaffirmed the caution about prior restraint after Mahon?
O’Brien v RTE (2015) – prior restraint is only justified in exceptional cases.
What was the relevance of Start Mortgages DAC v Gilroy (2021)?
Courts allowed prior restraint to prevent malicious defamation, confirming that free speech isn’t absolute.
According to Casey, what did Mahon reflect about democratic discourse?
A necessary realignment towards protecting uninhibited public discourse.
What warning did Hogan give about restricting speech?
Freedom must protect even worthless or offensive speech to avoid chilling effects.
How has ECHR jurisprudence influenced Irish courts post-Mahon?
Emphasized strong protection for press freedom, political debate, and public watchdog roles.
What principle was confirmed in Jersild v Denmark (1995)?
Journalists must be protected even when reporting on offensive material.
What did Lingens v Austria (1986) establish about political figures?
Public figures must tolerate greater criticism than private citizens.
What was the ruling in Bladet Tromsø v Norway (2000)?
Reporting in good faith on matters of public interest is highly protected.
What continuing limits exist on media freedom in Ireland?
Defamation law, contempt of court, and privacy protections.
What was decided in Leech v Independent Newspapers (2014)?
Freedom of expression must be balanced against the right to reputation.
What did DPP v Independent News and Media (2017) show?
Courts may restrict reporting to protect the fair trial rights.
How have Irish courts evolved in protecting media freedom?
Moved from cautious balancing to stronger protection, but with careful attention to proportionality and competing rights.
