Detective Inspector Todd Clements v Ed Moloney: CANI 2 Sep 1999

The appellant was northern editor of the Sunday Tribune. He had been ordered to produce notes of an interview with regard to the death of a Belfast Solicitor.
Held: The original order was made ex parte, and there was no obligation on the applicant to show any error in the order. The applicant resisted disclosure of the notes upon which the articles had been based. Protection of journalistic sources is a basic condition for press freedom. That requirement was reflected in the protection afforded by the Act. The investigation was likely to be assisted by disclosure of the journalist’s notes. Journalists should not give unqualified undertakings which could risk breach of a court order, and with certain additional protections, the order was confirmed.

Judge Hart QC
NICS
Prevention of Terrorism (Temporary Provisions) Act 1989
Citing:
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
AppliedDirector of Public Prosecutions v Channel 4 Television Company Limited and Another 1993
. .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Human Rights, Northern Ireland

Leading Case

Updated: 02 November 2021; Ref: scu.162930