Oireachtas Joint and Select Committees

Wednesday, 26 March 2014

Joint Oireachtas Committee on Transport and Communications

Strategic Plan 2012-17 and Other Issues: RTE

11:45 am

Mr. Eamonn Kennedy:

No Grand National, I am afraid.

The point on the first amendment is interesting. Ultimately, a constitutional change would be required. Even then, I wonder whether the first amendment approach would comply with the European Convention on Human Rights.

The other interesting point is that while people say the first amendment is wonderful and permits much free speech, it must be noted that there are other aspects of the American structure that are less protective of free speech. I refer to the protection of journalists' sources, for example. It is not always black and white and absolute.

The second document I sent in, on opinion, should be borne in mind. The recent controversy necessitates a long, hard look at the detail of the new legislative provision for the protection of opinions. This inspired the document. There are some significant issues in this regard to be considered, not least the fact that Ireland has two constitutional provisions dealing with speech, one of which pertains to freedom of expression, or the public aspect of speaking, and the other of which is the right to communicate, which concerns the more private or day-to-day stuff. When one considers these provisions and what has been included in legislation, including the language used in this regard, one finds that there are genuine concerns behind many of the issues raised.