Media challenge to pornography ruling

Four media groups have brought a High Court challenge to a District Court judge's order restraining publication of the name of…

Four media groups have brought a High Court challenge to a District Court judge's order restraining publication of the name of a man charged with possession of child pornography images.

In judicial review proceedings, Independent Newspapers, Examiner Publications, RTÉ and The Irish Times have applied to have the order made by District Court judge David Anderson in July 2003 set aside.

Judge Anderson, sitting at the District Court in Portlaoise, had ruled that a man accused of possession of child pornography could not be named and also directed that no information tending to identify him could be published by the media.

The man was charged with possessing child pornography images contrary to the Child Trafficking and Pornography Act 1998. Opening the challenge to that order yesterday, Eoin McCullough SC, for the media organisations, said the Constitution requires that justice should be administered in public.

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The case arose out of proceedings brought by the Director of Public Prosecutions in July 2003 against a man in the District Court, counsel said. He was remanded on continuing bail on a charge of possession of child pornography images.

Mr McCullough argued the District Court judge did not have jurisdiction to make the orders restraining naming of the man. Counsel further submitted that the judge had erred when he held in October 2003 that his ruling in the District Court was final and could not be varied in the circumstances.

The case before Mr Justice Frank Clarke continues today.