INM data breach and media protection
Micheál Martin raised concern about the alleged INM data breach and the need to protect journalistic sources and media independence. The Taoiseach agreed legislation should be considered, and said he would speak to the Communications Minister and the committee about it.
I am sure the Taoiseach will agree that there is real and deep concern about the alleged data breach at Independent News & Media, INM, which has been well reported in recent weeks. We agree that having an independent and free media is essential to the operation of a parliamentary democracy. We should all hold dear the protection of journalistic sources, editorial independence, the independence of journalists and their freedom from undue interference. Recent events serve as a wake-up call for the Oireachtas to consider legislation to deal with these issues on several fronts. Much work has been done in that regard by interested parties, not least the former Chief Justice, Mr. John Murray, whose very comprehensive report on the protection by the State of journalistic sources was published last year but has not been acted on. He says this protection should apply generally because it is essential to democracy. The United Nations Education, Scientific and Cultural Organization, UNESCO, also produced a comprehensive report two years ago on the desirability of, and necessity for, a national law to be established to deal with these issues.
It was very much on the button in terms of what has transpired over the past two weeks. It states we should have specific national legislation for source protection, with its legal foundation being the right to freedom of expression, including press freedom and privacy. It states such legislation should recognise that source protection should extend to all acts of journalism and across all platforms, services and media, including digital data and metadata. It affirms that state and corporate actors, including third-party intermediaries who capture journalistic data, must treat those data confidentially, and that the law should shield acts of journalism from targeted surveillance, data retention and the hand-over of material connected to confidential sources. It recommends that arbitrary, unauthorised and wilful violations of confidentiality of sources by third-party actors should be criminalised. In addition, we have the media plurality monitor in league with the European Commission and others. It identifies very high risks in terms of ownership, transparency of ownership, and editorial autonomy.
Will the Government consider legislation across the three strands I have identified? Will the Taoiseach reaffirm his position to the House? Yesterday an actor of the State, the Director of Corporate Enforcement, essentially received correspondence stating he may be personally held liable in respect of certain things done in the line of his duty. It is very important that the message go out from the Oireachtas and Government that any actor of the State is indemnified and will not lose out in any way for conducting his or her duty on behalf of the taxpayer and the State. It is very important that this affirmation be given in respect of the director of the ODCE today.
Comment on this
I thank the Deputy for raising this important question. To answer it, given recent revelations we will have to consider legislation in this area to protect sources. I am not aware of any legislation being drafted currently by the Government and I have not seen any by the Opposition in the form of Private Members' Bills in the past two years, but perhaps the time has come for the Government to dust down the reports and give consideration to legislation in this area.
Having independent news and media is a cornerstone of our democracy. It is, after all, the Fourth Estate. Journalists must be free to pursue stories that they want to pursue. Their sources should be protected and free from any unjust interference, external or internal. We need a plurality of voices in the media. We need to ensure these voices are not drowned out or silenced. We also need diversity in ownership.
I commend journalists who have worked to report on this story, including journalists in Independent News & Media, who have not allowed their independence to be compromised. The reported data breaches represent a very significant threat to the freedom of our press but the way in which the media have responded to this threat to date should reassure us that our press will not be silenced.
Obviously, any alleged breach affecting personal data is a matter of concern, whether it relates to journalists or public citizens. It is important to say that although this is now a matter before the courts, we need to respect that and bear it in mind in our contributions. The Deputy has done so.
The ODCE, a Government office at the Department of Business, Enterprise and Innovation, has now made an application to the High Court under section 748 of the Companies Act 2014 to appoint inspectors to investigate the affairs of Independent News & Media. This is now an enforcement matter for the ODCE. Section 949(3) of the Companies Act provides that the Director of Corporate Enforcement shall be independent in the performance of his statutory functions. The case commenced yesterday.
In terms of indemnity, it is absolutely the case that any public servant who acts properly and in accordance with his mandate and does not breach any laws or ethical principles is indemnified by the State.
Comment on this
I thank the Taoiseach for his reply. Former Chief Justice Murray published a comprehensive report about a year ago. I am not aware that any action has been taken by the line Minister on foot of that report, which deals with the issue of protecting journalistic sources.
Second, according to some criteria, the media freedom monitor of the Centre for Media Pluralism and Media Freedom identifies Ireland as very high risk in terms of editorial autonomy, ownership and transparency around ownership, mainly due to the lack of any upward threshold in terms of ownership.
That requires review and consideration by the Oireachtas in general. Legislation relating to the protection of journalistic sources is imminent. Given what has happened, we cannot hang around too long in that regard because this is fundamental to our democracy. I welcome the Taoiseach's comments on the director of the ODCE.
Comment on this
There has been no transparent evidence at all to date that the office leaked anything. No agent of the State should have to work under that intimidatory cloud hanging over him or her in the conduct-----
Comment on this
Apologies. I was only a few seconds over.
Comment on this
I can give a commitment to the Deputy that I will speak to the Minister for Communications, Climate Action and Environment with a view to giving consideration to legislation in this area. It might be something the Joint Committee on Communications, Climate Action and Environment could consider.