Politicians threatening to sue media ‘not good in a democracy’, Tánaiste says

Tánaiste Micheál Martin has described a decision by Dublin Bay South TD Chris Andrews to sue The Irish Times and one of its journalists personally for defamation as being part of a trend within Sinn Féin that was chilling public debate.

Speaking in Shanghai at the end of a four-day visit to China, Mr Martin said the opposition party was using litigation to shut down commentary on legitimate political issues. He said it seemed to him that “the first thing” Sinn Féin politicians do when they face criticism is “reach for the lawsuit”.

“And that’s not good in a democracy. It can have a chilling effect on journalists and on media more generally,” he said.

“One always has the right to resort to the courts. But I’m not clear at all in terms of what exactly is defamatory here in respect of any commentary that has been made, in respect of Deputy Andrews’s tweet.”

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Mr Andrews is understood to be claiming that he was defamed in an article written by political correspondent Harry McGee and published in The Irish Times concerning Sinn Féin’s response to the Hamas attack on Israel last month. Among the matters covered in the article were comments by Mr Andrews on social media about the events in Israel, which included his responses to a tweet from European Commission president Ursula von der Leyen.

Mr Martin added: “The whole Sinn Féin reaction to the mass atrocity in the beginning I thought left a lot to be desired in terms of the slowness of the response. It took a period of time before an outright condemnation was aired. And I think that’s fair comment.”

He said a number of politicians, journalists and media organisations had been sued by Sinn Féin representatives. The lawsuits had the effect of suppressing full public discussion of political issues, he said.

“Within the world of politics, we’re all subject to criticism. We’re all subject to adverse comments. That comes with the profession, that comes with the nature of political discourse. But I would be very concerned about the chilling effect this trend, this pattern which is very much a part of the Sinn Féin operation now, is having on public debate,” he said.

Speaking in the Dáil on Wednesday, Taoiseach Leo Varadkar described Mr Andrews’ decision as “frightening” and said that suing a journalist personally was only designed to do “one thing”.

“It’s designed to make journalists afraid, it’s designed to make them think twice about what they write, and I think it’s wrong,” he said.

Mr Varadkar added that people “are entitled to sue the media if they so wish, but they don’t have to” and he noted that one way to seek redress is via a complaint to the Press Council, which he said is “the appropriate course that people should follow”.

He was responding to Social Democrats leader Holly Cairns, who said she was “very concerned” about the prevalence of strategic lawsuits against public participation.

“When proceedings are taken in the High Court, costs sometimes run into the millions of euro, forcing journalists and media outlets to settle out of court, even in cases that they could win,” she said.

In a statement on Thursday, the Press Ombudsman, Susan McKay, welcomed Mr Varadkar’s “support for the use of her office by those seeking redress if they believe they have been wronged as a result of press coverage”.

“The Press Council of Ireland and the Office of the Press Ombudsman deplore the practice of powerful public figures suing individual journalists in response to public interest news reporting,” she said, adding that her office was an active participant in EU-wide efforts to prevent the use of strategic lawsuits against public participation.

“A defamation case, even if not upheld, will almost certainly be financially ruinous for an individual reporter, and will cause severe financial problems for a newspaper, potentially impacting on its ability to invest in quality journalism.”

Press Council chair Rory Montgomery said: “We offer an alternative form of redress based on upholding the highest journalistic standards. In relation to the suing of individual journalists, the Press Council shares the Taoiseach’s stated opposition to the use of strategic lawsuits against public participation.”

The Irish Times chapel of the National Union of Journalists on Wednesday noted with great concern the TD’s action against The Irish Times and McGee.

“Attempts to silence journalists or to stop investigative research through legal action filed by individuals, political parties or corporations are to be condemned. It reminds political figures that the Press Council of Ireland and Office of the Press Ombudsman exist as pathways to resolve complaints and are responsible for the oversight of professional principles,” the chapel said in a motion unanimously passed by members.