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You can find the current article at its original source at http://www.theguardian.com/media/greenslade/2015/jun/01/irelands-leading-media-outlets-challenge-denis-obrien-injunction
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Ireland's leading media outlets challenge Denis O'Brien injunction | Ireland's leading media outlets challenge Denis O'Brien injunction |
(about 21 hours later) | |
Two of Ireland’s leading media outlets are to challenge the court order that has prevented them from reporting a statement made in the country’s parliament, the Dáil. | Two of Ireland’s leading media outlets are to challenge the court order that has prevented them from reporting a statement made in the country’s parliament, the Dáil. |
The Irish Times newspaper and the broadcaster RTÉ will tomorrow ask the Dublin high court to clarify the scope of the injunction obtained by businessman Denis O’Brien, whose companies own several newspapers and radio stations. | |
The injunction has stopped most of Ireland’s mainstream media from reporting a short speech in the Dáil by an independent MP, Catherine Murphy, which referred to O’Brien’s loan arrangements with the Irish Bank Resolution Corporation (IBRC). | The injunction has stopped most of Ireland’s mainstream media from reporting a short speech in the Dáil by an independent MP, Catherine Murphy, which referred to O’Brien’s loan arrangements with the Irish Bank Resolution Corporation (IBRC). |
Journalists, in company with several senior politicians from both government and opposition parties, believe her statement was covered by parliamentary privilege and was therefore reportable. | Journalists, in company with several senior politicians from both government and opposition parties, believe her statement was covered by parliamentary privilege and was therefore reportable. |
Lawyers point out, however, that no-one is above the law. O’Brien’s spokesman, James Morrissey, said on Friday that the businessman was entitled to privacy over his banking affairs. | Lawyers point out, however, that no-one is above the law. O’Brien’s spokesman, James Morrissey, said on Friday that the businessman was entitled to privacy over his banking affairs. |
But the editor of the Irish Times, Kevin O’Sullivan, said his paper “believes it is vitally important that we publish a matter of public interest raised in our national parliament”. | But the editor of the Irish Times, Kevin O’Sullivan, said his paper “believes it is vitally important that we publish a matter of public interest raised in our national parliament”. |
He explained that his paper’s legal advice, following Murphy’s Dáil statement, was that reporting it in full would involve a breach of the injunction. He wrote: | He explained that his paper’s legal advice, following Murphy’s Dáil statement, was that reporting it in full would involve a breach of the injunction. He wrote: |
“It was not clear that the absolute privilege referred to in article 15.12 of the constitution would afford us privilege in such a way as to allow us disregard the court order. | “It was not clear that the absolute privilege referred to in article 15.12 of the constitution would afford us privilege in such a way as to allow us disregard the court order. |
In those circumstances we amended our initial online report and reported the issue in the fullest possible way, having regard to the court order”. | In those circumstances we amended our initial online report and reported the issue in the fullest possible way, having regard to the court order”. |
However, Murphy’s statement could be read on the Irish parliament’s website and featured here on YouTube. At least one Irish online outlet, broadsheet.ie, published the statement, and the Guardian also carried a key portion of the speech, attracting unprecedented traffic from Ireland. | However, Murphy’s statement could be read on the Irish parliament’s website and featured here on YouTube. At least one Irish online outlet, broadsheet.ie, published the statement, and the Guardian also carried a key portion of the speech, attracting unprecedented traffic from Ireland. |
The Irish edition of yesterday’s Sunday Times defied the injunction by covering Murphy’s statement in a front page article.* | The Irish edition of yesterday’s Sunday Times defied the injunction by covering Murphy’s statement in a front page article.* |
The clash over the matter between the executive and the judiciary has turned the affair into a constitutional crisis, making it a major story in Ireland. | The clash over the matter between the executive and the judiciary has turned the affair into a constitutional crisis, making it a major story in Ireland. |
It is front page news in this morning’s (bank holiday) Irish national newspapers, including the Irish Independent, the daily owned by Independent News & Media (INM), which is controlled by O’Brien. | It is front page news in this morning’s (bank holiday) Irish national newspapers, including the Irish Independent, the daily owned by Independent News & Media (INM), which is controlled by O’Brien. |
INM also publishes the Irish Daily Star, the Sunday Independent, the Sunday World, Dublin’s Evening Herald plus 14 regional titles and, north of the border, the Belfast Telegraph. | INM also publishes the Irish Daily Star, the Sunday Independent, the Sunday World, Dublin’s Evening Herald plus 14 regional titles and, north of the border, the Belfast Telegraph. |
O’Brien’s Communicorp group owns two major national stations, Newstalk and Today FM, plus three regional stations. | O’Brien’s Communicorp group owns two major national stations, Newstalk and Today FM, plus three regional stations. |
Regarded as Ireland’s richest man, O’Brien has widespread business interests, including mobile phones, oil and aircraft leasing. He lives in Malta, which reduces his tax burden. | Regarded as Ireland’s richest man, O’Brien has widespread business interests, including mobile phones, oil and aircraft leasing. He lives in Malta, which reduces his tax burden. |
The current dispute centres on the aquisition by an O’Brien company of Siteserv, which provides installation services for builders, broadband providers and utilities such as Irish Water. It has been installing water meters across Ireland, itself a matter of considerable and continuing controversy. | The current dispute centres on the aquisition by an O’Brien company of Siteserv, which provides installation services for builders, broadband providers and utilities such as Irish Water. It has been installing water meters across Ireland, itself a matter of considerable and continuing controversy. |
O’Brien’s company paid €45.4m (£32.5m) in 2012 for Siteserv. According to the Irish Times’s timeline on the affair, the deal involved IRBC writing off €110m (£78.7m) of Siteserv’s €150m (£107.4m) debt, to O’Brien’s advantage. | O’Brien’s company paid €45.4m (£32.5m) in 2012 for Siteserv. According to the Irish Times’s timeline on the affair, the deal involved IRBC writing off €110m (£78.7m) of Siteserv’s €150m (£107.4m) debt, to O’Brien’s advantage. |
It has since been claimed by other bidders and many opposition politicians that the bidding process was flawed. The accusations have been firmly rejected by O’Brien. | It has since been claimed by other bidders and many opposition politicians that the bidding process was flawed. The accusations have been firmly rejected by O’Brien. |
*This article was amended at 5.30pm to include the paragraph about the Sunday Times’s Irish edition publishing Murphy’s statement. | *This article was amended at 5.30pm to include the paragraph about the Sunday Times’s Irish edition publishing Murphy’s statement. |