Seanad debates

Tuesday, 18 February 2014

Free Speech, Homophobia and the role of the State Broadcaster: Motion [Private Members]

 

6:40 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour) | Oireachtas source

As a result, it made the decision it made. It is true that RTE is the public service broadcaster, but it is also true that it is a commercial company and it made a commercial decision as it does frequently in the face of contemplated defamation actions. In his commentary on RTE's handling of events, Mr. Killane stated that RTE had explored all possible legal redress mechanisms, including the possibility of a right of reply. The Broadcasting Authority of Ireland's right of reply scheme provides for the broadcast of a right of reply statement that facilitates the correction of incorrect information which has been broadcast and which has resulted in a person's honour or reputation being impugned. It is an opportunity for a person to correct incorrect information without recourse to legal proceedings. All broadcasters are required to include on their website a copy of the scheme and contact information. Decisions by a broadcaster to refuse such requests can be reviewed by the Broadcasting Authority of Ireland's compliance committee. However, a right of reply is about the correction of incorrect facts or information. The scheme does not provide for the broadcast of alternative or contrary opinions. In other words, a person may not be satisfied with the manner in which a broadcaster has relayed information about him or her but a right of reply will not be granted unless the facts or information are factually incorrect. This was not therefore deemed an option for RTE on this occasion. Noteworthy in his statement, Mr. Killane offered that RTE had "has not engaged in censorship, but has rather fallen foul of Ireland's defamation laws".

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