Alex White (Dublin South, Labour) | Oireachtas source

I thank Deputy Murphy for raising this issue. The Broadcasting Authority of Ireland is an independent statutory body which has as one of its functions under section 26 the Broadcasting Act 2009 the preparation of broadcasting codes or rules. Accordingly, I, as Minister for Communications, Energy and Natural Resources, have no function in this matter and my Department has no role in the consultation process or in the drawing up of codes.

The BAI is required to draw up and enforce a series of codes for broadcasters on the basis of a list set out in section 42(2) of the 2009 Broadcasting Act. The first two items on the list deal with news broadcasting, including objectivity and impartiality in news broadcasting, and the broadcast treatment of current affairs. News and current affairs content broadcast on Irish radio and television is required to comply with the 2009 Act and with the BAI code of fairness, objectivity and impartiality in news and current affairs. The statutory requirements and the BAI code require news and current affairs to be fair, objective and impartial.

The BAI has prepared detailed guidance notes to accompany the code to assist broadcasters in their interpretation. The notes are provided as an aid to understanding the intent of the principles and rules and the manner of their application in a broadcast context.

One issue about which there has been some discussion recently is the role of the presenter. The guidance notes recognise the vital role of a programme presenter. They highlight, however, that the role comes with attendant responsibilities. The aim of the code in this regard is to seek to prevent a partisan position from being advocated by a presenter and to guard against a presenter using his or her programme to pursue an agenda via comments, choice of guests or otherwise such that a biased view on an issue is articulated.

The code also sets out the manner in which complaints may be made about a particular problem. Any person is entitled to make a complaint about news and current affairs content. In the first instance, complaints should be directed to the broadcaster to consider on the basis of the code of practice for complaints handling. Section 47 requires broadcasters to consider all such complaints. Complainants may refer complaints to the BAI if they are not satisfied with the response provided by the broadcaster or where the broadcaster does not respond. One common issue arising in complaints dealing with fairness, objectivity and impartiality in news and current affairs relates to balanced coverage. The BAI has stated on many occasions that there is no automatic requirement for each topic to be balanced by an opposing view. While there are some instances where balance may be required - for example, in the case of a closely fought referendum - an automatic requirement is considered inappropriate. This has been made clear in several codes and documents published by the BAI since its inception in 2009.

The codes to be followed by broadcasters are published by the BAI. The requirements in respect of balance and fairness are not confined to the period of a referendum. Particular rules relate to the period of a referendum, but there are general rules in respect of fairness and balance that are not confined to referendum periods.

I have no wish to express any view in respect of any particular complaint or issue. However, for the information of the Deputy and the House, I note that rule 22 of the BAI code states: "a presenter and/or a reporter on a current affairs programme shall not express his or her own views on matters that are either of public controversy or the subject of current public debate such that a partisan position is advocated." It may be that from time to time listeners, politicians or otherwise regard a particular point of view expressed in a programme as one that they are less than comfortable with. However, we need a third party to determine complaints in an objective way. It should not be done by politicians or otherwise. The Oireachtas has set up a third party to do this. Whereas people may have views as to the outcome of this or that complaint, we should support the independent body set up by the Oireachtas to make decisions on the basis of complaints made and brought freely pursuant to the codes. We should support the BAI in this regard. This does not mean we must agree with all of the authority's decisions, any more than we would agree with the decisions of courts or other quasi-judicial bodies, but the authority should be given the freedom to do the job we have asked of it.

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