Newspaper to test judgment in 'privates' photo case
The 'Carlow Nationalist' is seeking a determination regarding the constitutional right to privacy, including whether a citizen can enforce a right to privacy against another citizen.
It will also seek to test whether a person is entitled to damages when a court finds there was a breach of their right to privacy as a result of a negligent action.
The proceedings arise from a decision by Carlow Circuit Court awarding Richard Sinnott (23), of Clonegal, Co Carlow, ?6,500 in damages for breach of privacy, intentional infliction of emotional harm, and negligence arising from a photo in the newspaper.
Visible
The pictures of Mr Sinnott playing in a GAA match appeared in June 2005, on pages one and three of the sports section. His private parts were visible in one picture. He was awarded damages and costs against 'The Nationalist & Leinster Times', Carlow, last June.
Martin Nolan, counsel for the newspaper, told the High Court these issues are of great importance to newspapers. If negligent publication of such photographs entitled a citizen to damages, even when publication was not deliberate, this would have "huge ramifications". Simon Boyle, representing Mr Sinnott, earlier argued no questions arose which required to be decided by the Supreme Court.
The newspaper has appealed the findings of the Circuit Court to the High Court, which appeal entered its seventh day yesterday.
Justice Declan Budd adjourned the issue of whether he will refer such issues to the Supreme Court for determination until February 12. .
- Ann O'Loughlin
