Media firms lose appeal against restriction on naming sex offender

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Media firms lost an appeal against a reporting restriction preventing the identification of a convicted sex offender. The proceedings were reported on 23 January 2020.

The man pleaded guilty to sexual assault and attempted defilement of a child at Dublin Circuit Criminal Court on 24 February 2014. He was 16 when he committed the offences against a 14-year-old girl in February and March 2010. He and two similarly aged co-accused had first come before the Children’s Court in 2011, when reporting restrictions were applied.

In October 2014, Judge Mary Ellen Ring sentenced the man to two years’ imprisonment, fully suspended. At an earlier sentence hearing, the court had heard that the victim wished to waive her anonymity.

After publications identified the man, solicitors brought proceedings on his behalf alleging defamation and breach of privacy. The claims were denied. Judge Ring subsequently refused a media application to lift the restriction, and the press organisations sought judicial review.

The High Court found the restriction orders made in July and October 2014 were lawful, but there was no lawful basis for continuing them after 31 October 2014. Mr Justice Brian Murray said that finding had not been appealed.

Dismissing the media firms’ appeal, Mr Justice Murray said the restriction remained in force because the two co-accused had not been notified of the appeal and could not make representations. He said the firms could apply to the Circuit Court to lift it, on notice to all potentially affected parties and with regard to the complainant’s rights.