Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

Fianna Fáil is happy to support the Bill, which will remove the term "offence" from section 39 of the Broadcasting Act 2009. We believe this change will promote the right of freedom of speech while ensuring that anything which may reasonably be regarded as causing harm, likely to promote or incite crime or attempting to undermine the authority of the State is not broadcast by the broadcaster. The existing Act requires broadcasters to prevent the broadcast of anything which may reasonably be regarded as causing harm or offence. The Bill removes the phrase "or offence". Fianna Fáil agrees with this approach and does not believe that people should be censored for saying offensive things regardless of whether offence is reasonably taken. Determining what may be considered offensive by anyone is a remarkably difficult task. What I or anyone else may consider offensive may not be perfectly compatible with other people's thoughts or opinions. In anyone's opinion what constitutes offence or reasonable offence is entirely subjective.

The Minister rightly confirmed earlier during his speech that, as politicians, we operate in a world where frank and open debate is essential. In his opening remarks the Minister was singularly arrogant and dismissive of this legislation. Then again - I hope I do not cause the Minister any offence - that is a trademark of how he operates.

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