Garvey and The Irish Times

The Press Ombudsman has decided that an editorial published in The Irish Times on family law proposals by the Law Reform Commission did not breach Principle 2.2 (Distinguishing Fact and Comment) of the Code of Practice for Newspapers and Magazines.

Mr Cathal Garvey complained that the editorial published in the newspaper on 4 January was in breach of Principle 2.2 in that it failed to refer to, examine, or challenge some of the proposals concerned which would, he said, dilute the rights of married fathers. The newspaper pointed out that, following publication of the editorial, it had published a lengthy letter from the complainant on this topic, which took issue with the Commission’s proposals unambiguously and at length.

The Law Reform Commission proposals concerned embody legal issues of considerable complexity which give rise to differing interpretations and will undoubtedly continue to do so, and to generate public debate, pending any decision by the Oireachtas about whether any legislative response to these proposals is required and, if so, what form it should take. The publication of commentary on these matters, and the degree to which any publication facilitates such an ongoing debate in its own columns, is primarily a matter for editorial discretion, and it is clear that the exercise of editorial discretion in this case did not involve any breach of the Code of Practice.

The complaint is therefore not upheld.

3 June 2011