Oireachtas Joint and Select Committees
Wednesday, 17 January 2024
Joint Committee on Tourism, Culture, Arts, Sport And Media
Non-court-based Conflict Resolution Mechanisms for Media-related Complaints: Discussion
Mr. Michael Kealey:
With regard to indemnification, it is certainly my experience - I have been doing this for a long time - that the newspapers usually indemnify the individual journalists. However, there are a couple of issues around that. If the individual journalist and the company are sued, and an award is made, it is joint and several liability. If the company cannot pay it, the journalist is still on the hook. One of the things we have found in recent years - this does not relate to politicians, and I do not want to be raising this in that sense - is there are instances where we have journalists who set up websites themselves because they attract stories in. They publish stories that have appeared in the newspapers, and they are sued with regard to their own websites rather than that. That is a slightly worrying trend, and they cannot be indemnified with regard to that. That is a problem. Generally speaking, however, the news organisations obviously try to indemnify their journalists but I suspect this does not prevent some journalists from having sleepless nights.
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