Without some constitutional protection of the media’s right to protect sources, journalists “cannot be reasonably be expected to discharge their functions of educating public opinion and holding government to account in the manner expressly provided for in article 40.6.1 of the Constitution”, he said.
The High Court ruled in 2020 that gardaí could access calls, texts, social media messages, photos, videos and other information on the phone. It ruled that any material on the phone could not be used as part of the Garda investigation and the phone should be returned to Mr Corcoran.In his decision, Mr Justice Hogan said the failure to inform the District Court judge that Mr Corcoran had asserted journalistic privilege after being interviewed under caution, meant “highly relevant information” was not before the judge.
The District Court judge, he added, should “at a minimum” have been told “in unambiguous terms that Mr Corcoran was a journalist and that the purpose of the search was to identify Mr Corcoran’s sources”. Several matters, he said, needed to be addressed before a court could make any decision about the existence of any form of journalistic privilege existing in the Constitution or in the common law.that the constitutional matters concerning journalistic privilege had not been fully argued.
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