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

Regarding amendments Nos. 75 and 76, I am still considering this matter in the context of bringing a possible amendment on Dáil Committee Stage. The Senator made some important points regarding the use of the term "harm or offence". My officials are consulting the Broadcasting Authority of Ireland regarding the existing practical operation of this provision. It will be important that any amendment that may be brought forward does not have unintended effects. Accordingly, I do not propose to accept these amendments.

Regarding amendment No. 77, the language in the Bill and extant Broadcasting Act reflects Article 40.6 of the Constitution. Given that the fundamental right to freedom of expression flows from both our Constitution and the EU Charter of Fundamental Rights and European Convention on Human Rights, there is a high bar for any steps that the State may take to limit freedom of expression. As I set out on Committee Stage, while Article 40.6 of the Constitution guarantees freedom of expression, it requires that right to be qualified in certain instances. Accordingly, I cannot accept the amendment.

As I set out on Committee Stage, while I understand the intention of amendment No. 78, I do not think that section 46L(1) of the Broadcasting Act 2009, as inserted by the Bill, needs to be qualified in the manner suggested by the amendment. The language used in the section reflects similar language in the extant Broadcasting Act which has not to date exercised a chilling effect on broadcast journalism. Accordingly, I cannot accept the amendment.