Eamon Ryan (Dublin South, Green Party)

The amendments before the House relate to codes. The children's advertising code has already been drawn up. We are seeking to continue to develop such codes under section 42(9). Some of the provisions which have been suggested are contained in the existing codes. There are restrictions in the codes on one's ability to advertise that one can tell the future and to accrue commercial benefits from such advertisements. The interest that has been shown in the debate we have had is an indication of the importance of this area, which is difficult to legislate for. The crucial assessments of programme material and content that need to be made are subjective. That this is such a complex area supports the case for the use of codes, which can be amended, updated and monitored, as opposed to the introduction of legislation. Work is needed to put in place an authority and a system of compliance. It does require judgment.

We could say in respect of recent examples that people got it right or wrong. The religious area was mentioned in this regard. This works better when an independent body rather than legislators make some of those margin calls or attempt to foresee what margin calls might have to be made. That is the purpose of the authority. It will also set out the codes within the broad constraints we have set.

When the codes come up for review we, as legislators, like anybody else, will be able to make submissions and suggestions in regard to how they should be updated and improved. I was involved in such a manner in the children's advertising code. A mechanism exists for the continual updating and amending of the codes. A question arises in regard to the broader issue of what direction we should give to the new authority in regard to political and-or religious advertising. As I understand it, the religious advertising code, as set out in the Bill, dates back to 1960 and was certainly in place from 1988 onwards. In regard to the political code restriction, the general direction from the Legislature is that we should not open up political advertising as it would be almost impossible for an authority to judge the political aspect of such advertisement and to make calls in terms of whether it is accurate, inaccurate, acceptable or unacceptable. It is a difficult and grey area.

A similar situation would pertain were we to give to a regulator or authority the responsibility to assess religious advertising following the removal of any restriction. In essence, religious advertising deals with metaphysical issues for which I contend it would be difficult for a regulator to set codes. I say to Senator Mullen that we should be careful here because unintended consequences could ensue from good intentions. Senator Mullen cited his experience in America where the intermingling of politics and religion has taken on a consequence not alone for politics but for religious communities. One could foresee circumstances, following the removal of a restriction, where it would be difficult, given we are speaking about metaphysical issues, for a regulator to impose certain restrictions. For instance, a wealthy church from outside the country could decide on a missionary basis to canvass here in a way with which we would not be comfortable and we would not be able to restrict it. The same would also apply in respect of religious messages. I harbour a concern that we would be creating a difficult situation for a regulator in that the regulation of that type of advertising per se might be difficult.

Senator White is correct that the prohibition which we are continuing has been upheld in the High Court and the European Court of Human Rights when tested. The debate is interesting and worthy. However, my instinct is to be cautious and careful in terms of whether we should open up advertising to political and religious content in particular and, at the same time, to ensure we do not restrict even the faintest reference to religious or political activity or event. We must rely on the regulator to interpret our intent and to represent the public in a flexible manner.

The amendments are well grouped. The issue of whether current affairs and news broadcasting should be balanced relates to code. What we are proposing in this Bill — it is an innovative measure — is the establishment of a broadcasting code to complement advertising and other codes which provide a mechanism for a check on what broadcasters are doing. Section 42(2)(b) provides that the broadcasting treatment of current affairs, including matters of public controversy or the subject of debate, is fair to all interests concerned and that the broadcasting matter is presented in an objective and impartial manner and without an expression of the broadcaster's own views. One could argue whether "balanced" is the same as "fair to all interests".