Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

With regard to amendments Nos. 44, 52 and 57, as I outlined at Committee Stage, the main reason for the language in this section is that it is in line with the standard of “harm or undue offence” applied to material by the BAI through its code of programme standards, ensuring that the statutory provisions align with the practical implementation of the prohibition.

In addition, freedom of expression is not absolute and like all other rights, it is subject to balancing in law to ensure that the rights of others, for example, the right to safety and security, are not unduly infringed. This principle of rights balancing is recognised in Irish law, EU law and in the jurisprudence of the European Court of Human Rights, ECHR. I am confident that the Bill sits comfortably within those traditions. For this reason, I am not accepting those amendments.

With reference to amendments Nos. 45 and 46, the language used reflects existing provisions in section 39(1)(d) of the Broadcasting Act 2009, previous legislation and, ultimately, Article 40.6 of the Constitution. Section 7 requires an coimisiún to uphold the democratic values set out in the Constitution, including freedom of expression. Article 40.6 requires the State to limit freedom of expression in certain instances. The courts have since set a high bar for when it is appropriate for the State to do so and it is right that this language and associated jurisprudence should be carried forward through this Bill. I do not believe additional clarification needs to be added to the provision, as suggested in amendment No. 46. As such, I do not intend to accept amendments Nos. 45 and 46. I understand the Deputy’s position, however.

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