Fahy and the Evening Herald

The Press Ombudsman has decided not to uphold a complaint made on behalf of Mr Keith Fahy that an article published in the Evening Herald on 6 February 2010 was in breach of his privacy under Principle 5 of the Code of Practice for Newspapers and Periodicals.

The complainant’s identity, and other information about him, were widely published as the result of his partial identification in a court case.

The publication of any evidence given during the course of a court case is protected by the Code of Practice, since it is material that is on the public record.

The publication of the personal information complained of, much of which was attributed to the newspaper’s sources, was generally inconsequential or already in the public domain, and its publication was not in breach of the complainant’s privacy in the immediate context of a high-profile criminal trial during the course of which the complainant was partially identified. Its publication did not, therefore, breach Principle 5 of the Code of Practice.

30 July 2010

Mr Fahy appealed the Decision of the Press Ombudsman to the Press Council of Ireland.