Eamon Ryan (Dublin South, Green Party)

This is a sensitive and, in some ways, difficult issue, which we rightly considered in depth on Committee Stage. Further consideration has been given to the amendments tabled by Deputy Coveney and myself.

Section 24 of the Broadcasting Authority Act 1960, as extended by section 10(3) of the Radio and Television Act 1988, provides that a broadcaster shall not accept any advertisement directed towards any religious end. Section 65 of the Broadcasting Act 2001 modified this requirement by providing that the prohibition on religious adverting does not preclude the broadcasting of a notice of the fact that religious newspapers, magazines and periodicals are available for sale or supply or that any event or ceremony associated with any particular religion will take place.

Section 41(4) provides for a lighter, more focused restriction on religious advertising, that is, "A broadcaster should not broadcast an advertisement which addresses the issues or merits or otherwise of adhering to any religious faith or belief or of becoming a member of any religion or religious organisation", as opposed to the original restriction on any advertisement directed towards any religious end. This change is intended to place the emphasis of the restriction on the content of the advertisement rather than on whether the organisation proposing the advertisement has objectives of a religious nature. Section 41(6) continues the original exemptions, as outlined in section 65 of the Broadcasting Act 2001.

On foot of the Committee Stage debate and following consultation with the BCI, it is proposed to retain the wording of section 41(4) but to delete section 41(6) in my amendment. The purpose of the deletion is to address concerns that this subsection would be legally interpreted as an exhaustive list of exemptions from the restriction on religious advertising, thus negating the effect of the lighter, more focused restriction proposed in section 41(4).

I agree with the general intent of Deputy Coveney's amendments that the existing position should be liberalised somewhat. However, given the highly contentious nature of religious advertising, some restrictions are still necessary and it is important that the Oireachtas gives a clear direction to the BAI. It is appropriate to concentrate on the content of the advertisement and try to retain a restriction, as we agreed on Committee Stage, in order that, for example, we do not open up a scenario where a religious group with access to funding could try to attract members or promote itself over another. We do not want that to happen. The retention of section 41(4) provides a proper restriction in that regard while, at the same time, the deletion of section 41(6) gives the authority greater flexibility in how it interprets the restriction. The provision allows the authority to concentrate on the content of the advertisement and it is not exhaustive. It is impossible to be completely exhaustive by legislative means. We are better to allow the commission to use the powers it is being given.

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