5 New rules to ease access to court records


The right to seek permission for access to court records in civil and criminal cases by bona fide journalists has been confirmed in rules introduced over the summer by the Courts Service of Ireland. The new rules, enacted as a result of the


provisions of the Data Protection Act 2018, end the grace and favour basis on which reporters have been granted access to court records and should assist accurate reporting of court hearings. Séamus Dooley, Irish Secretary said: “The new guidelines have been welcomed by working journalists and clarify the entitlement of professional journalists to seek genuine access to accurate records. Over the years court reporters have been well served by officials but the lack of clarity over access has made life difficult for the media and public servants. Coverage of the courts is vital in a democracy. “These rules are very welcome,” he said. “Now


we need media organisations to provide the resources to cover the courts.” The Data Protection Act 2018 specifically allows the court rules committees to draft rules to allow media to ask permission for access to information in court records, to facilitate fair and accurate reporting of court hearings. The committees have now finished the rules. Court offices will have a clear basis for co-


operating with bona fide members of the media. According to Gerry Curran, Media Relations


Advisor, the Courts Service intends to issue guidelines to allow bona fide members of the media to seek access documentation in civil and criminal court cases opened or deemed to have been opened in court. The service will liaise with court reporters on the logistics of this change. It is important to note that the rules do not displace existing legal restrictions on reporting of certain types of court case (e.g. those affecting in camera proceedings or applying under the Criminal Procedure Act, 1967) and operate subject to any order or direction of the court in a specific case. Brendan Ryan, CEO of the Courts Service,


said: “These changes will underpin the media's ability and right to access the necessary information to report on the vast and varied number of cases which the courts hear annually. The changes are a transparent measure to support the role of an independent courts system in our democracy, while respecting both the restrictions which apply to certain categories of court proceedings, and the control which a court exercises over proceedings before it.”


The following is the summary issued by the Court


Service: Media accreditation will be reserved for members of the press (print, photo, radio, TV, film, news agencies and online media) who represent a bona fide media organisation (formally registered as a media organisation). Members of the media will be expected to


possess identification sufficient to enable court staff, or if necessary a court itself, to verify that they are “bona fide”. Sufficient accreditation is required which shows


that the bearer subscribes to a national/ international code of conduct and reporting standards. Production of the card will be both necessary and sufficient to demonstrate accreditation as ‘bona fide’. In other cases an application for accreditation must be made to the Courts Service in advance. ‘Bona fide’ members of the media could be deemed to be any or all of these categories: A person who produces a valid current / in


date National Press Card issued by the National Union of Journalists; or a person who produces a valid ID identifying them as a reporter / correspondent, employed by a national or regional or online news title or site which is a member of the Press Council of Ireland; or a person who produces a valid ID identifying them as a reporter / correspondent employed by a national or local broadcaster which is licensed by the Broadcasting Authority of Ireland; or a person who produces a valid current / in date International Federation of Journalists Press Card.


Identification of Other Media Representatives


as ‘Bona Fide’: Where the above criteria cannot be met – and


where the person might still seek to be treated as a bona fide member of the media - in order to establish accreditation and access to court information - a person will need to apply to the Courts Service Media Relations Office providing the information detailed below: • Complete name as it appears on official photo identification; • Date of birth; • Nationality; • Passport or other photo identification number (driver’s license, PPS, etc.); and • Address and email address of the applicant. Accreditation requests must be supported by a


letter of assignment on official letterhead of a media organisation signed by the publisher or editor-in-chief, indicating the name of the media representative and duration of assignment; and any other information requested by the Courts Service.


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