The High Court has refused a Mediahuis application seeking access to pleadings and evidence behind anonymity and reporting restrictions in civil proceedings involving a person with a medical condition.
Mediahuis, publisher of the Irish Independent and Independent.ie, wanted enough information to assess the basis for earlier orders made by Egan J. and Ferriter J. It also sought, if necessary, to have the later order discharged or varied.
The underlying case is anonymised as A and B v E, C and D. The orders prohibit publication or broadcast of material likely to identify the second plaintiff as a person with a medical condition. They also anonymise the parties and keep identifying material off the Courts Service website.
Mediahuis argued that open justice and press freedom required it to be able to test whether the restrictions were justified and proportionate. It relied on case law recognising media rights to challenge reporting restrictions and suggested that lesser restrictions might protect the person concerned.
The plaintiffs opposed disclosure. They relied on section 27 of the Civil Law (Miscellaneous Provisions) Act 2008, which allows a court to prohibit identification where a person has a medical condition, identification would likely cause undue stress and the order would not prejudice the interests of justice.
Mr Justice Nolan accepted that open justice is a fundamental constitutional principle. But he held that section 27 is an express statutory exception contemplated by the Constitution and differs from cases where restrictions depend solely on the court’s inherent powers.
The judge said it was not for Mediahuis to decide whether the evidence supporting the section 27 application was sufficient. That assessment belonged to the court which made the order. Directing disclosure of the pleadings and medical evidence could itself increase the risk of identifying the protected person.
He also stressed that any eventual trial would be held in public. The restriction concerned identification and reporting, not a private trial.
The application was therefore refused.