During an appearance on Virgin Media’s The Tonight Show last night, Justice Minister Jim O’Callaghan was questioned about a court order obtained by An Garda Síochána to access the private messages of Gript journalists.
The order, granted in June 2024, sought access to the media outlet’s direct messages on X (formerly Twitter), as well as login data and IP addresses.
The request was linked to Gript’s coverage of altercations between Gardaí and protesting members of the public in Newtownmountkennedy, which included footage of Gript journalist Fatima Gunning being pepper-sprayed by members of the Public Order Unit. The order was ultimately unsuccessful, as X refused to comply.
Asked about the situation by presenter Gavan Reilly, O’Callaghan admitted he was unaware of the case.
“Well, sorry, I hadn’t got any notification about this. I would have appreciated if you told me in advance—I would have tried to follow it up. I know very little about it,” the Minister said.
When pressed on whether it was Garda policy to pursue journalists’ sources through the courts, O’Callaghan pointed to judicial oversight.
“Was an application made to the High Court by the Garda or to the District Court?” he asked.
When told it was the District Court, he responded, “Well, if it’s an application to the District Court, there is a system of judicial oversight. There’s obviously a provision in the legislation that permits the Gardaí to make that application. If the courts don’t think it is appropriate, it won’t be granted.”
The Justice Minister acknowledged the importance of protecting journalists’ sources but suggested a balance needed to be struck.
“If you look at our legal system and the jurisprudence of the courts, journalists’ sources are protected,” he said.
“It’s not just journalists’ sources—we’ve also had decisions of the Superior Courts where individuals who’ve come to members of the Oireachtas have had their identity protected.
“So I think it is very important to protect the identity of sources. But on the other side, you have to balance—well, what is the conflicting objective being pursued? Is there an issue in respect of crime? Is there an issue in terms of trying to identify— and I’m not saying this applies in this situation at all— but you could have a situation whereby there’s important information that can be accessed in respect of the commission of a crime, and that may justify the Gardaí looking for it.
“I haven’t had any information about it. I’ll look it up, but the good thing from what you say is that there’s a court process, and the District Court judge would be appraising the application. I can guarantee there’ll be judicial oversight of that.”
The full Virgin Media interview can be viewed here.
The revelation that An Garda Síochána used a Section 63 order—originally introduced to combat organised crime and terrorist financing—to seek access to a media organisation’s private communications has sparked debate in Ireland.
Notably, the order was granted in secret, meaning Gript was not informed at the time, and the only reason it came to light was because X opposed the request and alerted the affected users.
X, in an official statement, confirmed that it had successfully opposed multiple Section 63 court orders in Ireland, raising concerns about government overreach.
“X remains committed to protecting its users’ privacy and freedom of expression from government overreach,” the statement read.
The Justice Minister has pledged to look into the matter, emphasising that judicial oversight is in place to ensure that such applications are properly scrutinised.