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MURPHY v. IRELAND JUDGMENT
B. Domestic legislation
1. The Broadcasting Authority Act 1960 (“the 1960 Act”)
21. The 1960 Act was enacted to, inter alia, enable an Authority to be
established for the purpose of providing a national television and sound
broadcasting service. The national radio and television broadcaster (“RTE”)
was also established. Section 20(4) of the 1960 Act provided as follows:
“The Authority shall not accept any advertisement which is directed towards any
religious or political end or has any relation to any industrial dispute.”
22. When introducing this provision the Minister explained to Seanad
Éireann (the Senate) the rationale of this provision:
“If advertisements directed towards these ends were permitted the Authority would
have to accept advertisements from any religious group, including advertisements
which the majority of viewers might consider very objectionable and offensive.
Therefore, the only sound policy is not to permit any advertisements directed towards
religious ends to be broadcast: otherwise the Authority would be placed in a very
difficult position. There will of course be religious programmes as there have been on
Radio Eireann, and appeals for funds for charitable purposes, but these are quite
different and distinct from paid advertisements directed towards religious ends, and I
think the policy enshrined in this subsection is the correct one.”
23. Section 18 of the 1960 Act is entitled “Impartiality” and provides as
follows:
“(1) It shall be the duty of the Authority to secure that, when it broadcasts any
information, news or feature which relates to matters of public controversy or is the
subject of current public debate, the information, news or feature is presented
objectively and impartially and without any expression of the Authority's own views.
(2) Nothing in this section shall prevent the Authority from transmitting political
party broadcasts.”
2. The Radio and Television Act 1988 (“the 1988 Act”)
24. The 1988 Act was enacted to establish the Independent Radio and
Television Commission (“IRTC”) having the function of entering into
contracts for the provision of sound broadcasting and a television
programme service additional to the services already provided by the
national broadcaster, RTE.
25. Section 9 is entitled “Duty of sound broadcasting contractor in
relation to programmes” and provides as follows:
“(1) Every sound broadcasting contractor shall ensure that –
(a) all news broadcast by him is reported and presented in an objective and
impartial manner and without any expression of his own views;
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