Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 114:

In page 52, lines 13 and 14, to delete “that in programme material audiences are protected from anything harmful or offensive, and in particular”.

While, in general, there are many areas where we would like to have a more proactive preventive role, we have identified specific areas where there should be prohibitions or restrictions. In some ways, there are very specific known concerns backed by research and facts which are not addressed in the Bill, while it also includes wide provisions that can be interpreted. This amendment looks to the question of protecting audiences from offensive materials. The phrasing in the Bill is very widely framed. It is not clear how the term "offensive" is to be defined. For example, does it allow for the blocking of works of art which may include depictions of violence, sexuality, gender diversity or any other legitimate forms of artistic expression?

It relates somewhat to the previous debate we had on terms such as "harmful" or "offensive". It is appropriate that we try to address damaging and harmful communications, in particular those targeted at persons covered under equality legislation, the ECHR and other areas. The phrase "offensive" is quite loose and the amendment is an attempt to amend that.

Other amendments deal with harmful content and we will debate this issue in more detail. As was mentioned in our previous debate, the phrase "harmful" is quite wide. Does it mean harmful to interests or at a financial level? How is something harmful in that context? The Minister will be aware that in this amendment we are suggesting that the term be removed. I have tabled other amendments regarding the question of harmful or offensive content where I suggest caveats that might be added. I want to be clear that I am not against the principle of us trying to tackle materials that are harmful or offensive, but there need to be caveats around how that is defined. It should not be left in an extraordinarily loose way which could, in effect, end up being used by those with significant power to silence or diminish those with more marginalised voices or who are vulnerable within society.