10
MURPHY v. IRELAND JUDGMENT
to a more selective prohibition or to the removal of the prohibition without
qualification will need considerable thought and consultation. Broadcasting, both
television and radio, is recognised as the most powerful mass communications
medium ever developed. Audiences for certain programmes are measured in millions.
Radio is a secondary medium in that it can be present while other activities in the
workplace, the home or the car are being carried out. Unlike a newspaper or magazine
where a page can be turned quickly after a brief scan, a person is compelled to listen
to, or at least hear, a radio advertisement if the listener wishes to ensure that her or his
enjoyment of the programme is not interrupted. Children and young people are
constantly exposed to the images, messages and attitudes which are promulgated on
radio and television.
Parents might quite properly wish to ensure that their children are exposed only to
the religious profession of their choosing. It is possible that many such people would
find advertising directed towards a religious end offensive simply because of the
particular religious organisation which is making the advertisement. While it might be
possible to prevent the broadcast of advertising directed towards a religious end during
the hours of broadcasting devoted to children's programming, we all know that
children and young people watch prime time television and listen to the radio at all
hours so such a measure would only offer limited protection. I will not deal here with
the alleged problems surrounding various cults and sects that have caused anxiety to
families and whose activities could be interpreted as being directed towards a religious
end.
We must proceed very cautiously in this sensitive area. Perhaps in an era of ever
increasing numbers of broadcast services becoming available via satellite, which is
outside the legislative regime which applies to indigenous broadcasters, the total
prohibition on advertising directed towards a religious end is an anachronism. It may
be time to rely on our broadcasters not to offend or alienate their audiences through
unacceptable advertising in this area. However, any change to the present position
must be brought about through careful consideration and consultation with bodies
such as the churches, the [IRTC] and broadcasters and the public generally.
The Bill before the House does not address any of the concerns which I have
mentioned. There are no definitions or parameters within which the [IRTC] would
exercise the powers which the Bill seeks to confer on it. There are no safeguards or
recourse provided for those who are aggrieved by the decisions which the [IRTC]
might take if this Bill were enacted. The prohibitions in the Broadcasting Authority
Acts relating to RTE are not addressed. While I accept that it is appropriate for the
House to consider the policy proposed ... we cannot proceed without considerably
more thought than is evidenced by the provisions of the Bill. The enactment of the Bill
is likely to cause far more problems than it would resolve.
This is a sensitive issue and I commend the Deputies opposite for giving us an
opportunity to discuss it at length. While I understand the laudable motives of the
Deputies in publishing this Bill, it is important that further consideration is given to
the matter. There will be an opportunity to discuss the whole issue of broadcasting
when I publish my broadcasting Bill. I will consider this issue and could be in a
position to look at the overall problem in that context. If wording can be found we can
easily bring that into the Bill by way of an amendment on Committee Stage.”
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