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ARTICLE · 15 MARCH 2011

Recent Media Friendly Privacy Decisions

RDJ LLP
RDJ LLP
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RDJ LLP

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A judgment was given by the High Court in this breach of privacy claim on 3 November 2010. RDJ represented one of the Defendants.

IrelandMedia, Telecoms, IT, Entertainment

LK (a minor) and MK –v- Three Media Outlets

A judgment was given by the High Court in this breach of privacy claim on 3 November 2010.1 RDJ represented one of the Defendants.

Facts

Each of the Defendants had published short reports of a guilty plea by a person, D, who pleaded guilty to the rape and sexual assault of a female and male respectively on certain dates. The victims' (Plaintiffs) names and addresses were not published. The Plaintiffs' claimed that they were entitled to damages as a result of a breach of Section 7 of the Rape Act 1981 (as amended) and for breach of their constitutional right to privacy. Section 7 provides that "....after a person is charged with a sexual assault offence no matter likely to lead members of the public to identify a person as the Complainant... shall be published...". The Plaintiffs produced witnesses from the village in which they had lived who gave evidence that they had identified the Plaintiffs from the Defendants'

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