MURPHY v. IRELAND JUDGMENT 25 the limited dilution of the prohibition contained in section 65 of the 2001 Act. However, the Court considers persuasive the Government's argument that a complete or partial relaxation of the impugned prohibition would sit uneasily with the nature and level of the religious sensitivities outlined above and with the principle of neutrality in the broadcast media. 77. In the first place, the Court would accept that a provision allowing one religion, and not another, to advertise would be difficult to justify and that a provision which allowed the filtering by the State or any organ designated by it, on a case by case basis, of unacceptable or excessive religious advertising would be difficult to apply fairly, objectively and coherently (the above-cited case of United Christian Broadcasters Ltd v. the United Kingdom). There is, in this context, some force in the Government's argument that the exclusion of all religious groupings from broadcasting advertisements generates less discomfort than any filtering of the amount and content of such expression by such groupings. The applicant suggested that such a filtering process is already applied through the application of the principle of neutrality to programmes and programming. However, and as the Court has noted above, the distinct nature of advertising and programming means that the regulatory tools employed for programming are not directly applicable to advertising. The applicant also referred to the fact that advertisements (other than those prohibited by the impugned provision) are already subjected to advertising standards control. The Court does not, however, consider that the same public sensitivities and issues of neutrality arise in the case of religious advertisements and those concerning, for example, commercial services, goods or products. 78. Secondly, the Court considers it reasonable for the State to consider it likely that even a limited freedom to advertise would benefit a dominant religion more than those religions with significantly less adherents and resources. Such a result would jar with the objective of promoting neutrality in broadcasting and, in particular, of ensuring a “level playing field” for all religions in the medium considered to have the most powerful impact. 79. Thirdly, the applicant did not dispute the Government's concern that allowing limited religious advertising would result in unequal consequences for the national and independent broadcasters. 80. Fourthly, while the State has, subsequent to the facts of the present case, diluted section 10(3) of the 1988 Act (through section 65 of the 2001 Act), the Minister's comments in April 1999 together with the limited nature of the 2001 amendment do not undermine, and indeed are consistent with, the State's view of the religious sensitivities in Ireland in 1988 and its understanding of the consequent necessity for full reflection and prudence when considering any evolution including a relaxation of the provisions of section 10(3) of the 1988 Act. In addition, the nature of the assessment required by section 65 of the 2001 Act (whether or not the advertisement

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