GAA player awarded damages over photo of 'privates'
The publication in the 'Carlow Nationalist' was negligent although accidental and the player, Richard Sinnott, is entitled to damages, Justice Declan Budd said.
The judge said he proposed to award damages to Mr Sinnott on the basis of finding that there was a negligent intrusion on the player's right to privacy arising from the publication of the photograph.
He adjourned the matter to Monday when he is expected to give final judgment, including the amount of the damages, on the appeal by the newspaper against a Circuit Court judge's finding in favour of Mr Sinnott (23), of Clonegal, Co Carlow. The Circuit Court had awarded Mr Sinnott ?6,500 in damages for breach of privacy, intentional infliction of emotional harm and negligence. The newspaper had appealed against all of those findings.
The case arose from the publication in June 2005, of pictures of Mr Sinnott playing in a GAA match. His private parts were visible in one photograph. He was awarded damages and costs against 'The Nationalist & Leinster Times', based in Carlow, in June last year.
Mr Sinnott, who is now in Australia, had given evidence of being very upset. He said that, as an amateur footballer at the peak of his career, his dream of of playing at Croke Park for the first time on the Sunday after publication was ruined.
In submissions earlier yesterday, Martin Nolan, counsel for the newspaper, argued that even if the court was to hold that the newspaper's conduct in publishing the photograph was deliberate, there was no evidence of harm to Mr Sinnott and he was not entitled to damages for breach of his constitutional right to privacy.
No one looking at such photos would be looking for a penis and testicles, Mr Nolan said.
Apology
During yesterday's hearing, Mr Justice Budd noted the newspaper had published an apology to its readers for publishing the photograph but had not published an apology to Mr Sinnott or his family.
When Mr Nolan said there were legal issues relating to liability arising from publication of apologies, the judge said, "Roll on the Press Council". Perhaps the media should inform itself of intrusions of privacy standards being set in Europe, he added.
The judge also remarked that the same problem in relation to publication of such a photograph had arisen in the 'Laois Nationalist' newspaper seven years ago.
Simon Boyle, representing Mr Sinnott, had argued that the court should rule that publication of the photograph was deliberate as there was at least one opportunity, prior to publication, to view the photograph in full size, and the newspaper had not called certain possible witnesses, including the photographer.
- Ann O'Loughlin
