REPORTERS WITHOUT BORDERS has written to Sinn Féin leader Mary Lou McDonald to criticise legal action being taken by party members against journalists and media outlets, saying it could have a chilling effect on both the media and democracy itself.

A spokesperson confirmed that McDonald “has received a letter and she has no intention of responding to inaccurate suggestions contained therein”. 

The open letter to McDonald is signed by Reporters Without Borders, also known by its French name Reporters Sans Frontières (RSF), and 14 other organisations and individuals including Index on Censorship, the International Press Institute and the European Federation of Journalists.

“We urge you to be mindful of the chilling effect that legal actions have, not only on the media, but on our democracy,” the groups state.

In the letter the groups note their “alarm” at the fact that Sinn Féin TD Chris Andrews is taking defamation proceedings against The Irish Times and Harry McGee, the newspaper’s political correspondent, over an article about Sinn Féin’s response to the Hamas attack published last month.

The groups say the fact that Andrews is taking legal action against McGee personally “gives credence to the idea that it is intended to chill public interest speech”.

The Journal contacted Sinn Féin, McDonald and Andrews for comment today.

The Sinn Féin spokesperson said: “All citizens have the right to protect their name and reputation, and such fundamental legal rights in no way cut across or undermine robust political debate, which happens every single day of the week in the Oireachtas and in the media.

“It is not unreasonable for these debates to be based on fact and truth.

It questioned why the coalition of press freedom organisations was not raising the same concerns in relation to Fianna Fáil or Fine Gael, despite members of these parties also having taken or threatened legal action against media outlets.

“The authors of this letter seem to be suggesting that a different standard should apply to Sinn Féin representatives in defending their good names.”

‘The hallmarks of Slapps’

The media freedom organisations state in the letter that they “acknowledge and welcome Sinn Féin’s support of measures aimed at tackling strategic lawsuits against public participation (Slapps), both with regard to the EU’s anti-Slapp directive and the provisions included in the defamation reform, which is currently before the government”.

However, they add that the party should be aware that legal actions by Sinn Féin members “have the hallmarks of Slapps”.

The letter states: “As you know, Slapps are a form of legal harassment used by powerful people to intimidate and silence public watchdogs, including journalists.”

Andrews last week told The Journal that his objective in pursuing legal action “is to clear my good name”.

“The easiest thing was for The Irish Times to correct its error.

“This isn’t about pursuing any individual journalist. My legal team have made it clear to The Irish Times that my action concerns their outlet and not any individual.

“As this case is before the courts it would not be appropriate for me to comment further at this time.”

In an interview with RTÉ at the weekend, Ruadhán Mac Cormaic, editor of The Irish Times, said that Andrews had not contacted the paper seeking a correction before issuing legal proceedings. The paper has not made any amendment to the article.

When questioned by The Journal on the issue recently, McDonald strongly rejected the claim that her party was trying to silence the media by mounting legal actions, stating that everyone has a right to defend their reputation.

“People have the right to use the mechanisms available to them to vindicate their name,” she said.

In April last year, McDonald began legal proceedings against RTÉ.

Her defamation case against the State broadcaster was flagged with the Council of Europe as a potential threat to media freedom by the Index on Censorship, a non-profit organisation based in the UK.

When pressed at the Sinn Féin Ard Fheis earlier this month on the fact that her case had been labelled a Slapp, McDonald said: “I have done no such thing and I reject that out of hand.”

Promised defamation law reform in Ireland will include measures against Slapps, defined in the draft law as “strategic and abusive use of vexatious litigation, by a powerful entity or individual to weaken and deter public interest discussion”.

In September, Sligo-Leitrim TD Martin Kenny began High Court proceedings against Irish Independent publisher Mediahuis Ireland, An Garda Síochána and the State over an alleged breach of privacy. Kenny’s case relates to privacy law and not defamation.

When asked for comment on the RSF letter today, Kenny said: “The legal proceedings I have initiated are related to a damaging breach of privacy and concern more than a media outlet. I reject entirely that I in any way have initiated a Slapp lawsuit.

“I cannot comment further at this time as this is an ongoing case.”

Sinn Féin TD Donnchadh Ó Laoghaire also sued RTÉ in April 2020. The case was settled out of court in April 2021.

Asked about the RSF letter on Tuesday, Ó Laoghaire said: “Regarding the suggestion of a coordinated campaign, I can confirm that at no stage did Sinn Féin seek to contact me in relation to my case”.

“When I informed the party of my intention to take a case, I was neither encouraged or discouraged, and it was made abundantly clear to me that it was entirely a matter for me.

“I do not believe the case I took fits the description of a Slapp. It was not strategic litigation, and there was no abuse of legal process to frustrate fair commentary.

“On the contrary, I believe I was defamed, and I sought to vindicate my good name, and ultimately the case was settled, and an apology was forthcoming, which I was satisfied with.”

‘Think twice’

The Journal recently reported that the growing trend of politicians taking legal action against media outlets in recent years is causing disquiet in newsrooms across the country.

Press Ombudsman Susan McKay said politicians from all parties should “think twice” before taking a newspaper or a journalist to court, adding that diminising the media’s ability to hold power to account was “not in the interest of democracy”.

The RSF letter notes that everyone has “the right to defend their good name”, but the law “should not be used as the first line of defence”.

It states: “This is especially true for politicians, who must respect the essential role that journalists have in holding power to account.

The European Court of Human Rights has repeatedly stated that politicians must be able to withstand a high degree of criticism due to their public position in democratic societies.

“Politicians should seek to avoid resorting to the courts save in the most egregious of circumstances, including by taking advantage of the recognised Press Ombudsman and the Press Council system, which is provided for in the Defamation Act 2009.”