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

I thank the Senator for her amendment and contribution. She knows the exact background to this in respect of amendments Nos. 94 and 95. I agree on first examination that some of the wording in the Bill does look old-fashioned, particularly the language in section 46J(1) which requires: “A broadcaster [or] an audiovisual on-demand media service [not to broadcast or] make available ... anything which may reasonably be regarded as tending to undermine the authority of the State". As the Senator has correctly pointed out, that language has been carried over from existing provisions set out in section 39(1)(d) of the extant Broadcasting Act 2009 which, in turn, reflects previous legislation and, ultimately, Article 40.6 of the Constitution, which sets out that:

The State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State.

I would note that while the understanding of the country of the meaning of this article has definitely changed over time, it does contain and imply a number of fundamental rights, including freedom of expression, while acknowledging that such rights may be limited in the public interest. This notion of fundamental rights needs to be balanced, depending on the facts on the ground, and that they are not absolute is something that we can all agree on. This article requires the State to limit freedom of expression in certain instances and the courts have since set a high bar as to when it is appropriate for the State to do so. It is right that this language and associated jurisprudence is carried forward through the Bill. As such, I do not intend to accept amendments Nos. 94 and 95 but I understand the Senator’s position.