Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 115:

In page 52, to delete lines 16 and 17 and substitute the following: “(i) with due sensitivity to the subject matter and the audience,”.

I am concerned about how this is framed because there could be a potential mandate for a restriction on equality, rather than supporting it. At the moment, the Bill states, "With due sensitivity to the convictions or feelings of the audience,". Again, if we talk about the fear that terms like "harmful" or "offensive" could be interpreted widely, the convictions or feelings of the audience are very amorphous and widely framed. For example, as I mentioned there are those with very strong religious or other convictions in respect of people's existence in terms of LGBT rights, or feelings in respect of issues. It is very subjective. Somebody who was, for example, very financially well resourced but had a particular, and perhaps very narrow and specific, set of convictions or feelings could push on these matters. I am concerned about that.

I have suggested that we instead use the phrase "with due sensitivity to the subject matter and the audience". That recognises that there are subject matters that are extremely difficult for people. For example, there are subject matters which should come with trigger or content warnings. That is good practice on the part of individuals online, that is, the idea that when something is to be shown that may have a particularly significant impact it is signalled properly and appropriate. There may be vulnerable persons who are impacted by subject matter.

A phrase like "due sensitivity to the subject matter and the audience" recognises that difficult subjects may need to be addressed and also recognises that an audience may contain persons who are sensitive or vulnerable or, for example, have been personally impacted by an issue. I understand that needs to be addressed. It is not that I am against feelings per sebecause we do need to think about that. Broadcasting has an impact. Whenever a new show or prime time programme is broadcast, some people get upset and are impacted by that. This amendment might be a slightly better way of wording this. Rather than the phrase "convictions and feelings" the phrase "sensitivity to the subject matter and the audience" might be a little better.