MURPHY v. IRELAND JUDGMENT
11
4. The Broadcasting Act 2001 (“the 2001 Act”)
29. The 2001 Act was mainly designed to facilitate the introduction of
digital terrestrial broadcasting in Ireland. The IRTC became the
Broadcasting Commission of Ireland and was given expanded functions and
powers in relation to digital broadcasting.
30. Section 18 of the 2001 Act applied section 10(3) of the 1988 Act to
digital and other broadcasting services. However, section 65 of the 2001 Act
relaxed the prohibition of the broadcasting of religious advertising as
follows:
“65. Nothing in section 20(4) of the Act of 1960 or section 10(3) of the Act of 1988
(including either of those sections as applied by this Act) shall be construed as
preventing the broadcasting of a notice of the fact (a) that a particular religious newspaper, magazine or periodical is available for sale
or supply, or
(b) that any event or ceremony associated with any particular religion will take
place,
if the contents of the notice do not address the issue of the merits or otherwise of
adhering to any religious faith or belief or of becoming a member of any religion or
religious organisation.”
31. This section was proposed by the Minister at the Committee stage on
30 November 2000 as an added section to the Bill already published. The
Committee accepted the proposal without debate.
C. Council Directive 89/552/EEC of 3 October 1989
32. The Directive co-ordinates certain provisions of Member States of
the European Community on television broadcasting. Article 12 of the
Directive provides, inter alia, that television advertising shall not prejudice
respect for human dignity, include any discrimination on grounds of race,
sex or nationality or be offensive to religious or political beliefs.
THE LAW
ALLEGED VIOLATION OF ARTICLES 9 AND 10 OF THE
CONVENTION
33. The applicant complains under Articles 9 and 10 about section 10(3)
of the 1988 Act.
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