Tom Parlon (Laois-Offaly, Progressive Democrats)

I thank Deputy Higgins for raising this issue. On behalf of the Minister for Communications, Marine and Natural Resources, I will update the House on a legislative review that is under way in the Department of Communications, Marine and Natural Resources. The legislative proposals contained in the draft general scheme of the broadcasting Bill have been submitted to the Joint Committee on Communications, Marine and Natural Resources for the purposes of public consultation under the e-consultation initiative. The proposals include provisions relating to the establishment of a broadcasting authority of Ireland to assume the functions of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission, as well as the existing regulatory functions of the RTE Authority. The proposals also detail the statutory duties to be imposed on broadcasters, including those relating to advertising. The Minister is awaiting the outcome of the joint committee's e-consultation process in advance of the introduction of the broadcasting Bill to the Oireachtas later this year.

The Deputy spoke about the BCI's most recent action, which was based on its interpretation of section 10(3) of the Radio and Television Act 1988. I remind the House that the BCI is a statutory independent body. The discharge of its functions, which are set out in the Radio and Television Act 1988, the Broadcasting Act 2001 and the Broadcasting (Funding) Act 2003, is a day-to-day matter for the BCI itself. Any action taken on foot of section 10 of the Radio and Television Act 1988 is a matter for the BCI — the Minister does not have any role in it. Section 10(3) of the 1988 Act states that "no advertisement shall be broadcast which is directed towards any religious or political end or which has any relation to an industrial dispute". Section 10(6) states explicitly that the BCI has a duty of care to ensure that sound broadcasting contractors comply with that requirement.

I will outline the action taken by the BCI to date. At the request of Today FM, the BCI considered the script for Trócaire's Lenten advertising campaign, as the station was concerned that the advertisement was in breach of section 10(3) of the 1988 Act. The BCI has undertaken a thorough consideration of the content of the advertisement, the aims and objectives of the organisation placing the advertisement and the details of the specific campaign being promoted. It has come to an initial view that the advertisement is contrary to section 10(3) of the Radio and Television Act 1988, which prohibits advertising directed towards a political end.

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