Burke v Central Independent Television Plc

• Jurisdiction: Ireland
• Judgment Date: 09 February 1994
• Date: 09 February 1994
• Court: Court of Appeal (Ireland)

Court of Appeal

Before Lord Justice Neill, Lord Justice Hoffmann and Lord Justice Waite

Mrs R

and

Central Independent Television plc

Broadcasting - children - publication of identity - jurisdiction of court to restrain

Freedom for broadcasters

The media were entitled to publish the results of criminal proceedings and what should be left out was mainly a matter for editorial decision. Accordingly, the parental jurisdiction of the court should not be invoked to restrain the publication of a matter of public record or to restrain the publication of a television programme which was in no way concerned with the upbringing or care of a child, but merely affected her indirectly.

The Court of Appeal so stated giving reasons for allowing an appeal on January 27 from the order made by Mr Justice Kirkwood in chambers, on the application of the mother, Mrs R, to prevent Central Independent Television plc from broadcasting a programme that evening without making changes which the television company considered that they were not obliged to make.

The television company, broadcasting a series on the work of Scotland Yard, were due to broadcast at 9.30pm that evening a programme on the work of the Obscene Publication Squad, in particular the work of detectives engaged in "Operation Cathedral" which led to the tracing, arrest and conviction of a man who was the father of the child in the present proceedings.

On October 31, 1992 the father was sentenced to six years imprisonment on two charges of indecency involving young boys. On January 24, 1994 the television company broadcasted a trailer of the programme to be shown on January 27 which was seen by the mother who had been formerly married to the father and by whom she had had a child S, now aged five.

The mother instructed solicitors who pointed out to Central that the programme contained scenes which would identify the mother and S resulting in serious distress to S. Negotiations followed in which Central, without admission of any liability to do so, undertook to remove from the programme any pictures showing the house and the road where the mother lived, any pictures of the mother or S and any reference to the fact that the father had had a wife or child.

The mother remained concerned that pictures of the father in the programme would identify herself and the child resulting in harm to the child. She made an application to the judge who ordered that Central might broadcast the programme only if moving...