18
MURPHY v. IRELAND JUDGMENT
the suggestion that listeners to a local radio would take offence at his
innocuous advertisement stretched credulity. The applicant added that the
relevant local radio station knew its audience well and would hardly
willingly transmit an advertisement which it considered would be likely to
offend its listeners.
52. He underlined that this was not a case about the licensing of
broadcast media and did not concern the third sentence of Article 10 § 1 of
the Convention. In any event, the relevant case-law (including Groppera
Radio AG and Others v. Switzerland, judgment of 28 March 1990, Series A
no. 173, § 64; Informationsverein Lentia and Others, cited above, at § 32;
and Radio ABC v. Austria, judgment of 20 October 1997, Reports 1997-VI,
§ 28) provided that a restriction had to be justified under the third sentence
of Article 10 § 1 as well as under the second paragraph of Article 10 of the
Convention.
53. As to the Government's argument that the neutrality of broadcasting
justified the prohibition, the applicant maintained that that argument
presumed that any system of licensing could control the broadcast media
and, in particular, impose conditions on the content of broadcasts which
would not be compatible with the Convention if they were imposed on the
print media. Such a principle would be, however, inconsistent with the
principles laid down in the judgment in the above-cited case of
Informationsverein Lentia and Others v. Austria. He argued that, in any
event, it did not follow that the neutrality of the broadcast media would be
undermined by the transmission of religious advertising. Much of the
advertising broadcast was not commercial and related to sensitive issues
including advertising about the effects of smoking, alcohol consumption,
the importance of voting and about referenda. Indeed, the national
broadcaster transmitted religious services of the Catholic and some
Protestant Christian groupings and could publish notices advertising this. At
fixed times twice a day bells were broadcast on RTE to signal Catholic
prayer. Broadcasting religious material was not itself problematic and,
indeed, it demonstrated that the Government was not concerned about
favouring one religion over another.
54. As to the weight to be attached to the fact that the advertisement
could have been published other than in the broadcast media, the applicant
referred to the above-cited case of Vgt Verein gegen Tierfabriken v.
Switzerland where the Court considered that access to such other media was
indicative of the non-pressing nature of a restriction. Alternative publication
means was not, in any event, sufficient justification for the exclusion from
the broadcast media given the relatively reduced force and impact of the
non-broadcast media.
55. The applicant disputed the Government's submission that alternative
options were not feasible.
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