‘Journalistic Privilege’ in Ireland: Judicial Supremacy, Journalistic Autonomy, and Constitutional Turf Wars

Abstract

This draft article examines the novel development of confidential journalist source protection (aka 'journalist privilege') under the Constitution of Ireland, and the European Convention on Human Rights. It focuses on recent jurisprudence from both Irish and European courts which seek to marginalise the value of crime reporting journalism under freedom of expression instruments. The draft article conceives of this repudiation of crime reporting journalism as part of a broader repudiation by courts about the role and importance of journalism within the constitutional conception of democracy. In particular, it argues that the question of the status of 'journalist privilege' in Irish and European law reflects deeper tensions between the judiciary and media fields of power about who is the ultimate safeguarder of the democratic order.