Is it libelous to print that someone is gay, when they're not? It shouldn't be, but it is.
In Ireland, we imagine that we're enlightened. Being gay is okay. Ethnic minorities are to be respected. But this veil of tolerance falls sharply the minute an Irish person is associated with one of these tags.
Nowhere is this seen more clearly than in Irish libel law.
Consider the following test. Imagine that your name is Sean or Mary Mahony. Imagine that one of these statements appears in a mass-selling Irish daily newspaper. Which ones would you 'consult your solicitor' about?
1. "Sean Mahony is gay."
2. "Sean Mahony comes from a traveller background. Both of his parents were travellers."
3. "Sean Mahony is of mixed race. His father is Irish, his mother is black."
4. "Mary Mahony is a lesbian."
7. "Mary Mahony lost her virginity to a Nigerian."
5. "Sean Mahony is a Muslim."
6. "Sean Mahony is Jewish."
As journalists, we have to be careful about facts and the reputations
of people we write about. But it goes beyond that. We also have to be
careful not to offend against the bigotry and intolerance of the wider
public. This is not just for pragmatic commercial reasons, but for
legal ones, too. Being gay may be okay, but if you write that someone
is gay, and they're not, all of a sudden it's a horrific, scandalous,
deeply damaging attack on their reputation. Yes, yes, we're all
enlightened -- but don't you dare call
me gay, or I'll sue the hell out of you.