Mahon -v- Post Publications [2007] IESC 15 (29 March 2007)

Mahon -v- Post Publications [2007] IESC 15 (29 March 2007)

The Supreme Court held that the Tribunal could not, by its own policy or notification, create a general obligation of confidentiality over all documents circulated prior to public hearings. Only material with the necessary quality of confidence, imparted in circumstances importing an obligation of confidence, and not already public, could be protected. The broad injunction sought amounted to an impermissible prior restraint on freedom of expression, was not prescribed by law, and was disproportionate. The Tribunal's claim failed both under the law of confidence and under constitutional and Convention principles protecting freedom of expression.

Citation
[2007] IESC 15
Parties
Plaintiffs/appellants: His Honour Judge Alan P. Mahon, Her Honour Judge Mary Faherty, His Honour Judge Gerald B. Keys (Members of the Tribunal of Inquiry into Certain Planning Matters and Payments); Defendant/respondent: Post Publications Limited trading as The Sunday Business Post
Jurisdiction
Ireland
Judgment Date
29 March 2007
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Freedom of Expression, Confidentiality, Prior Restraint, Proportionality, Law of Confidence
Constitutional Law Media Law Equity Freedom of Expression Confidentiality Prior Restraint Proportionality Law of Confidence

Case Brief

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Parties

His Honour Judge Alan P. Mahon, Her Honour Judge Mary Faherty, His Honour Judge Gerald B. Keys (Members of the Tribunal of Inquiry into Certain Planning Matters and Payments)

Plaintiffs/appellants

Post Publications Limited trading as The Sunday Business Post

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Tribunal can impose a general obligation of confidentiality on documents circulated prior to public hearings and restrain publication by the media until public disclosure.
  2. 2 Whether such an injunction constitutes an impermissible prior restraint on freedom of expression under the Constitution and the European Convention on Human Rights.
  3. 3 Whether the law of confidence or statutory powers support the Tribunal's claim to confidentiality over all circulated documents.

Ratio Decidendi

The Supreme Court held that the Tribunal could not, by its own policy or notification, create a general obligation of confidentiality over all documents circulated prior to public hearings. Only material with the necessary quality of confidence, imparted in circumstances importing an obligation of confidence, and not already public, could be protected. The broad injunction sought amounted to an impermissible prior restraint on freedom of expression, was not prescribed by law, and was disproportionate. The Tribunal's claim failed both under the law of confidence and under constitutional and Convention principles protecting freedom of expression.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Application for injunction refused.
  • No general order restraining publication granted.