Seán Power (Kildare South, Fianna Fail)

I thank Senators for their contributions to the debate relating to the standards in Irish broadcasting. It is interesting to hear different viewpoints and angles.

The changing audiovisual media landscape makes this debate particularly pertinent at this juncture, not least because the Broadcasting Bill 2008 will be further debated in the House during the coming weeks. On examination, we find society has changed. What is acceptable today might not have been acceptable a few years ago. The use of language changes and what is appropriate in this House or on television may not be appropriate in other situations. A few years ago, I had the pleasure of visiting the Parliament in Australia. Reading some of the debates there, I know that some of the language used would not be tolerated in this House.

This is all about creating standards and there is a certain expectation of this. I was elected to the Dáil in 1989 and in my first speech the Leas-Cheann Comhairle interrupted and said he believed that I was making my maiden speech in the House and that he wanted to wish me well. I said that he was right, that I was about to lose my virginity. When I read the record of the debate some time later, something completely different was written. I obviously used language that was not seen as acceptable, even though I thought I was making my point quite clearly.

Our expectation of what is appropriate on television is different from what it used to be. The programme that most Irish families watched some years ago was "The Riordans". One of the highlights was the night that Benjy managed to kiss Maggie. Everybody was talking about it because it was the big issue. Kissing is very much part and parcel of television these days and it would only raise an eye when someone is kissing some woman that he should not be kissing.

Broadcasting services, particularly public service broadcasting, have always been recognised as having a central role in society that justifies the application of specific rules to these services. The broadcasting protocol to the Amsterdam treaty puts this succinctly when it states that public broadcasting is directly related to the democratic, social and cultural needs of society and to the need to preserve media pluralism. The recent audiovisual media services directive notes that audiovisual services are having a growing importance for democratic societies by ensuring freedom of information, diversity of opinion and media pluralism.

That policy in the broadcasting sector must safeguard certain public interests, including the protection of minors, consumer protection and cultural policy. I agree that there is a time and a place for everything and sometimes that time or place might not be on television. That is why we have the codes and rules that take a fair and balanced view of what is and is not acceptable. The codes and rules have been drawn up with considerable public input and they achieve balance and proportionality, ensuring that diversity is not curtailed and the right to information is not stifled and that media pluralism is respected. As Senator White said, we are not in the best position to make judgments on what those rules should be.

The protection of minors is very important. Section 19 of the Broadcasting Act 2001 gave the Broadcasting Commission of Ireland responsibility to develop a broadcasting advertising code and it specifically dealt with children's advertising.

Mention was made of the importance of freedom of expression, but it is all about trying to strike a balance. In recent times, coverage on the television has been all doom and gloom, so comedy is well received. Comedy often pokes fun, exposes hypocrisy and confronts cultural taboos. This freedom of expression in the media is fundamental and we should not be hasty or reactionary in our response to issues that arise now and then and that can be satisfactorily resolved through the independent regulatory process that has been established for this purpose. The process is best carried out independently, impartially and in the cold light of day, as is done by the mechanism that we have put in place and that will be continued under the Broadcasting Bill 2008.

That is not to say that performers, presenters, editors and producers do not have to exercise good judgment, sensitivity, responsibility and perhaps a good helping of common sense in deciding what should be aired and indeed, in many instances, what might better be consigned to the editing floor. The codes and rules developed by the Broadcasting Commission of Ireland provide for comprehensive guidance in these matters.

The debate about what is acceptable in the broadcasting arena has concentrated on people who have caused offence on television recently. However, we should acknowledge the tremendous talent we have produced in the entertainment industry in Ireland, especially those who provide great laughs and fun without having to resort to smut. In years gone by, Maureen Potter was the best at doing that, and in recent years Brendan Grace has been able to strike a balance so that whether it is a grandmother or grandchild watching a programme, they can all enjoy the contributions made by those people. The independent regulatory structures, already in place for the administration of these codes and rules, have served us well in the past and continue to work effectively in this regard, and they will be strengthened in the Broadcasting Bill 2008 which is currently before the House.

I agree with the contention of Senator Ó Murchú that it is not all about regulations and broadcasting standards, but rather is as much about broadcasters maintaining their moral compass. Senator O'Reilly made the point that the Broadcasting Bill 2008 puts a balanced framework in place for the maintenance of broadcasting standards. I acknowledge the Senator's contribution to the Bill's passage through this House. Senator Boyle is correct when he states that public service broadcasters need to serve all audiences, which is the essence of good public service broadcasting.

Senator White's contribution was very interesting, in light of his experience in broadcasting. He referred to the phrase about common decency, but common decency, like common sense, is unfortunately not as common as people think. I also thank Senator White for his support of the Bill and for his contribution. Senator Buttimer referred to the regulation of the Internet. This falls outside the scope of the Broadcasting Bill 2008. It is a very complex issue. How do we regulate the content contained in the computer server located outside the European Union? The key issue is expectation. People have very high expectations of broadcasters, but they do not have the same level of expectation of the content of websites. Our effort is to ensure that broadcasters do not breach the trust of their audience. I thank all Members for their contributions. They were constructive in what they had to say.

The new broadcasting authority of Ireland proposed under the Broadcasting Bill 2008 will consist of the authority itself and two independent statutory boards, which are the contracts award committee and the compliance committee. The compliance committee will have the separate role of ensuring that all broadcasters, be they public or private, comply with their licence conditions and with the standards set out in the broadcasting codes and rules. The Bill retains the structure of the existing broadcasting codes which were developed by the BCI. These are the children's advertising code, the access code, the programme standards code and the advertising code. The Bill also allows for the BAI to create additional broadcasting codes, particularly on objectivity and impartiality in news and current affairs, and on privacy.

I thank Senators for contributing to the debate on this important issue. Many of the comments expressed were very interesting and have certainly given us food for thought as we proceed with the Broadcasting Bill. We will continue to examine this issue in the context of the Broadcasting Bill. If Members have further ideas, they will have ample opportunity to express them at a later stage. I thank all Members for their contributions.