Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I note the Minister of State's reference to the guidelines RTE circulates generally to advertising houses and the prohibition on advertisements which seek to denigrate another broadcaster or request the audience to tune in to another channel. While I accept that no advertisement should in any way denigrate a competitor's product or service, whatever that might be, I am not so sure there is validity to the rule that states an advertisement cannot request the audience to tune in to another channel. RTE occupies the position it does by virtue of the legislation that gives it its reason to exist and is supported by the taxpayer to that end. It seems fair and reasonable to say any advertisement by any other broadcaster is effectively competing with RTE and requesting, albeit in perhaps more subtle terms, a shifting of the dial or a change to another service provider for whatever period of time. I am not convinced that this element stands up to competition rules generally, but that is for another jurisdiction.

The Minister of State's considered response seems to be at variance with the comments of the Minister, Deputy Pat Rabbitte, when he indicated his view that if he were the person making the decision - I am paraphrasing him - he would have allowed the advertisement to run. Consumers generally can be given credit for their capacity to discern what constitutes a good service. As I said, my understanding of the function of advertising is to show the choice that is available and, in that respect, it does represent a call to action. However, listeners are not so gullible that, having tuned in to another station and not liked what they heard or saw, they would persist with that station. It is incumbent on RTE to ensure it is able to develop and maintain a competitive advantage based on the quality of service it provides, rather than operating in a restrictive capacity towards its audience by restricting other potential broadcasters from accessing the marketplace. I hope the Minister will be in a position to convey his views directly to the board of RTE in a manner which might see a change in attitude towards what is essentially normal competition that does not in any way seek to undermine RTE or the quality of its programming.

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