Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

I appreciate this opportunity to speak about a decision that was recently taken by the Broadcasting Commission of Ireland, the BCI. I hope the controversy about the decision will encourage everybody to be even more generous than they have been in the past in donating money to Trócaire's Lenten campaign.

The construction the BCI has put on Trócaire's campaign advertisement, citing section 10(3) of the Radio and Television Act 1988 in doing so, is as extraordinary as it is unacceptable. The 1988 Act, which was brought into force before I became Minister with responsibility for broadcasting, was introduced by my predecessor, the former Minister, Mr. Ray Burke. Section 10(3) of that Act states that "no advertisement shall be broadcast which is directed towards any religious or political end or which has any relation to an industrial dispute". Those who crafted that legislation, as well as those who discussed it in this House and the other House at the time, did not have any intention of extending its remit to cover campaigns of a moral character. I refer to campaigns which aim to advance the philosophy, principles and practice of the United Nations, for example. Section 10 of the Act was introduced to eliminate any potential abuse of the broadcasting medium for religious or political purposes within the Irish State, for example during elections and campaigns to institutions governed by the Irish State or the European Parliament, for example.

The construction that is being put on the word "political" by the BCI means that any campaign — against bonded labour, child soldiers, trafficking or slavery, for example — could be precluded from broadcast even if it were the subject of a UN resolution. A further and more dangerous consequence flows from the fact that the basis of the BCI's decision may have been that it regarded as political the call for a Government action plan to implement UN Security Council Resolution 1325, which relates to gender inequality. Either of these constructions, and the conclusions which flow from them, would be appalling — one would exclude campaigns with a moral basis and the other would constitute censorship. In the month in which we will celebrate the 200th anniversary of the abolition of the slave trade in the British Empire, which resulted from the long campaign of William Wilberforce and others, it is sad that we regard the prosecution of an international campaign in support of the equality and protection of women and girls as being so political that it is not suitable for mention on radio.

I suggest, to be practical and to help to resolve this matter, that a simple amendment be made to the Broadcasting (Amendment) Bill 2006 on Committee Stage. The amendment, which would amend section 10(3) of the 1998 Act, should clarify what is meant by the word "political" in that section. The words I propose are as follows:

(1) For the purposes of section 10(3) of the Radio and Television Act 1988, an advertisement is directed towards a political end if and only if it is directed towards one or more of the following purposes namely:

(a) to promote or oppose, directly or indirectly, the interests of a political party, a political group, a member of either House of the Oireachtas or a representative in the European Parliament;

(b) to promote or oppose, directly or indirectly, the election of a candidate at a Dáil, Seanad or European Parliament election or to solicit votes for or against a candidate at an election; or

(c) otherwise to influence the outcome of an election.

(2) In subsection (1), "candidate", "Dáil election", "election", "European Parliament", "European Parliament election", "political group", "political party" and "Seanad election" have the same meanings as in the Electoral Acts 1992 to 2001.

Such an amendment would clarify the situation by removing the basis for the confusion which has arisen. It is appalling that damage has been done to a campaign that would help women in Darfur, for example. Trócaire has supplied a great deal of evidence in support of its Lenten campaign. A woman from Burundi has suggested how international campaigns aimed at the implementation of UN Security Council Resolution 1325 of 2004 could help vulnerable women and young girls throughout the world. I do not attribute any malevolence to anybody in this regard, but it seems that bad judgment has led to this appalling error. The amendment I have suggested should be included in legislation in the appropriate place if that error is to be rectified and not happen again.

Tom Parlon (Laois-Offaly, Progressive Democrats)
Link to this: Individually | In context

I thank Deputy Higgins for raising this issue. On behalf of the Minister for Communications, Marine and Natural Resources, I will update the House on a legislative review that is under way in the Department of Communications, Marine and Natural Resources. The legislative proposals contained in the draft general scheme of the broadcasting Bill have been submitted to the Joint Committee on Communications, Marine and Natural Resources for the purposes of public consultation under the e-consultation initiative. The proposals include provisions relating to the establishment of a broadcasting authority of Ireland to assume the functions of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission, as well as the existing regulatory functions of the RTE Authority. The proposals also detail the statutory duties to be imposed on broadcasters, including those relating to advertising. The Minister is awaiting the outcome of the joint committee's e-consultation process in advance of the introduction of the broadcasting Bill to the Oireachtas later this year.

The Deputy spoke about the BCI's most recent action, which was based on its interpretation of section 10(3) of the Radio and Television Act 1988. I remind the House that the BCI is a statutory independent body. The discharge of its functions, which are set out in the Radio and Television Act 1988, the Broadcasting Act 2001 and the Broadcasting (Funding) Act 2003, is a day-to-day matter for the BCI itself. Any action taken on foot of section 10 of the Radio and Television Act 1988 is a matter for the BCI — the Minister does not have any role in it. Section 10(3) of the 1988 Act states that "no advertisement shall be broadcast which is directed towards any religious or political end or which has any relation to an industrial dispute". Section 10(6) states explicitly that the BCI has a duty of care to ensure that sound broadcasting contractors comply with that requirement.

I will outline the action taken by the BCI to date. At the request of Today FM, the BCI considered the script for Trócaire's Lenten advertising campaign, as the station was concerned that the advertisement was in breach of section 10(3) of the 1988 Act. The BCI has undertaken a thorough consideration of the content of the advertisement, the aims and objectives of the organisation placing the advertisement and the details of the specific campaign being promoted. It has come to an initial view that the advertisement is contrary to section 10(3) of the Radio and Television Act 1988, which prohibits advertising directed towards a political end.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

It is an appalling decision.

Tom Parlon (Laois-Offaly, Progressive Democrats)
Link to this: Individually | In context

In reaching its view, I understand the BCI took into consideration the element of the advertising campaign that encourages members of the public to participate in a campaign for gender equality by signing a petition lobbying the Government to enact UN Security Council Resolution 1325.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

That is censorship.

Tom Parlon (Laois-Offaly, Progressive Democrats)
Link to this: Individually | In context

In addition to advertisements for political parties, advertisements which are directed towards procuring or opposing changes to legislation, Government policies or policies of governmental authorities are deemed to be directed towards a political end and are therefore contrary to section 10(3) of the 1988 Act.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

The abolition of slavery 200 years ago would not have been possible under those rules.

Tom Parlon (Laois-Offaly, Progressive Democrats)
Link to this: Individually | In context

The BCI has asked Today FM to stop broadcasting the advertisement pending a final decision. It has invited the views of Today FM and the advertising agency placing the advertisement about the matter. They can make submissions in writing, outlining why they believe the advertisement is not contrary to section 10(3) of the 1988 Act. Given that a final decision has not yet been reached, it is incorrect to suggest that a final interpretation has been issued under section 10(3) of that Act. The process is ongoing. Any subsequent decision on the advertisement is solely a matter for the BCI, after it has conducted an independent assessment in accordance with its statutory role.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Will the Government consider my proposal?