Pat Rabbitte (Dublin South West, Labour) | Oireachtas source

The Broadcasting Act 2009 provides for the establishment of the Broadcasting Authority of Ireland, BAI, as the independent regulator responsible for the oversight of compliance in relation to broadcast content in the State. One of the objectives of the authority, set out in section 25(b), is to ensure “that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld,”.

Section 39 of the 2009 Act provides for the duties of broadcasters and includes, for example, duties relating to objectivity and impartiality in news and current affairs. In the discharge of its functions, the BAI is required, under section 42, to draw up broadcasting codes on the standards and practice to be observed by broadcasters and for compliance matters.

In the context of these statutory provisions, the BAI has developed a broadcasting code on referenda and election coverage, which was published in September last year. This code sets out the rules that Irish broadcasters must comply with when covering any election, or referendum held in the State. The aim of the code is to ensure that broadcasters’ coverage of all elections and referenda is fair, objective and impartial. Coverage should be undertaken without any expression of a broadcaster’s own views on an election or referendum or on election parties or candidates. The code also contains specific provisions that relate to party political broadcasts and moratoria on coverage of referenda and-or elections. It also restates the prohibition on broadcasters airing political advertising.

In view of the forthcoming referendum, the BAI has recently taken the opportunity to remind broadcasters of their obligations. Broadcasters must ensure, for example, that coverage of the referendum is fair and equitable to all interests. The BAI has also highlighted the need for broadcasters to put in place transparent mechanisms for ensuring that coverage in the run-up to the referendum and on the day that citizens cast their vote is fair, objective and impartial. It is incumbent upon the BAI and all broadcasters in the State, to ensure that they adhere to the code on referenda and election coverage, as well as to the spirit and letter of the relevant judicial rulings in this area. I have no plans to amend the existing legislation in the area as suggested by the Deputy.

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