Mr. Peter Smithwick
President of the District Court
Dublin
Ireland

Vienna, 7 November 1997

Dear Sir,

The International Press Institute (IPI), the global network of editors and media executives from newspapers, magazines, broadcasting organisations and news agencies in over 100 countries, is deeply concerned about the confiscation order of film and video tapes given by a judge in Belturbet District Court on Wednesday, 8 October 1997.

The case in question was once of indecent/sexual assault. In such cases, the protection of the identity of the persons concerned during the course of the trial is understandable. However, the total ban on media coverage, regardless of how sensitive or circumspect the coverage may have been, is most worrying. Moreover, the judge’s decision to have the Gardaí confiscate all film and video tapes taken outside the courthouse – on a public street – is a flagrant violation of the “right to seek, receive and impart information…” as guaranteed by the Universal Declaration of Human Rights. If a court decides that no reference to an ongoing case can be published, the media must respect that decision or face the legal consequences. Confiscating their material sets a most disturbing precedent.

The International Press Institute appreciates that media coverage must not jeopardise the judicial process and that the courts are subject only to the Constitution and the law. We are, however, very keen to hear your office’s view on the principles involved in this case and would seek strong reassurance that the fundamental right of freedom of the press will continue to be respected by the Irish judiciary.

We thank you for your attention.

Yours sincerely,

Johann P. Fritz
Director