H. E. John Bruton
Prime Minister
Prime Minister’s Office
Dublin
Ireland

Vienna, 3 December 1996

Your Excellency,

The International Press Institute (IPI), the global network of editors and media executives from newspapers, magazines, broadcasting organisations and news agencies in 90 countries, is most concerned about the case of Barry O’Kelly, a journalist for the Star, who faces imprisonment for refusing to reveal his source for a 1992 story about a confidential out-of-court settlement.

Mr. O’Kelly was issued a subpoena to give evidence in an alleged breach of contract claim for damages by a former employee of the Garda Representative Association (GRA) against the GRA. IPI understands that the Civil Court Judge James Carrol has said that Mr. O’Kelly will “go to prison and stay there” until he divulges the identity of the individual who had given him the details of the confidential settlement which he later included in his article in the 30 September 1992 edition of the Irish Press.

We are informed that, as a result of public outcry, Judge Carrol had adjourned the case until 11 December 1996 to allow Mr. O’Kelly’s counsel the opportunity to present legal argument on the right of journalists to protect their sources.

IPI believes that one of the fundamental elements of the profession of journalism is the right to withhold a source of information. Without the guarantee of confidentiality, sources will no longer feel able to disclose matters of public interest and the media will not be able to effectively carry out its role as watchdog by investigating and exposing abuses of power.

We therefore welcome the decision to hear arguments on the right to journalistic privilege and urge Your Excellency to do everything in your power to ensure that Barry O’Kelly is not forced to reveal the identity of his source, that his subpoena is withdrawn immediately and unconditionally, and that Ireland’s judges recognize the right of journalists to protect their sources.

We thank you for your attention.

Yours sincerely,

Johann P. Fritz
Director

CC: Mr. Dermot Gleeson
Office of the Attorney General
Dublin
Ireland