MURPHY v. IRELAND JUDGMENT
7
(b) the broadcast treatment of current affairs, including matters which are either of
public controversy or the subject of current public debate, is fair to all interests
concerned and that the broadcast matter is presented in an objective and impartial
manner and without any expression of his own views: Provided that should it prove
impracticable in relation to a single broadcast to apply this paragraph, two or more
related broadcasts may be considered as a whole, if the broadcasts are transmitted
within a reasonable period of each other;
...
(2) Nothing in subsection (1) (a) or (1) (b) shall prevent a sound broadcasting
contractor from transmitting political party broadcasts: Provided that a sound
broadcasting contractor shall not, in the allocation of time for such broadcasts, give an
unfair preference to any political party.”
26. Section 10(3) of the 1988 Act applied to independent radio and
television broadcasters the same prohibition applied to RTE (by section
20(4) of the 1960 Act). Section 10(3) provided as follows:
“No advertisement shall be broadcast which is directed towards any religious or
political end or which has any relation to an industrial dispute.”
3. The Radio and Television (Amendment) Bill 1999 (“the 1999 Bill”)
27. This bill, never passed, proposed amending section 10(3) of the 1988
Act. This proposal was prompted by the Supreme Court's judgment in the
present case and a subsequent prohibition of an advertisement by the Irish
Catholic newspaper pursuant to that provision. During the parliamentary
debate on this Bill, the Minister (for Arts, Heritage, Gaeltacht and the
Islands) noted that:
“Essentially we are dealing with a provision that is nearly 40 years old. It can be
argued that it is timely to reconsider a prohibition such as is contained in these
subsections. It can be argued that the blanket ban contained in these provisions is too
blunt an instrument to be used in this day and age for what is now a largely well
educated society with a sophisticated understanding of the way media, including the
very powerful radio and television media, work. It is helpful to our debate that in the
recent past the constitutionality of this very provision – that is, the prohibition on
advertising directed towards a religious end – was tested in the courts during 1997 and
1998.”
28. Having referred in detail to the High and Supreme Court judgments
in the present, the Minister went on:
“In dealing with the Bill, we are considering a proposal by the Opposition to amend
a legislative provision that was found to be constitutional as recently as May 1998. We
are being asked to amend a provision that was found by the Supreme Court not to be
arbitrary or unfair and which impairs our constitutional rights as little as possible. The
High Court and the Supreme Court acknowledged the sensitivity of the substance of
the existing provisions of the section which the Bill is designed to amend. Anyone
who reads these judgments must come to the conclusion that any amendment of the
section which would give an agent of the State the power or responsibility of deciding
which types of religious advertisements are permissible and which are not must be
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