Dáil Éireann Debate, Tuesday - 20 November 2012
423. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources the measures he proposes to implement to ensure that in any upcoming referendum, both sides of the argument are given equal air time. [51137/12]
View answerThe Broadcasting Act 2009 provides for the establishment of the Broadcasting Authority of Ireland (BAI) as the independent regulator responsible for the oversight of compliance in relation to broadcast content in the State. One of the objectives of the Authority, set out in Section 25(b) is to ensure “that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld”.
Section 39 of the 2009 Act provides for the duties of broadcasters and includes duties, for example, in relation to objectivity and impartiality in news and current affairs. In the discharge of its functions, the BAI is required, under Section 42, to draw up Broadcasting Codes on the standards and practice to be observed by Broadcasters and for compliance matters.
In the context of these statutory provisions, the BAI has developed a Broadcasting Code on Referenda and Election Coverage, which was published in September last year. This Code sets out the rules that Irish broadcasters must comply with when covering any election, or referendum held in the State.
The aim of the Code is to ensure that broadcasters’ coverage of all elections and referenda is fair, objective and impartial. Coverage should be undertaken without any expression of a broadcaster’s own views on an election or referendum or on election parties or candidates.
The Code also contains specific provisions that relate to party political broadcasts and moratoria on coverage of referenda and/or elections. The Code also restates the prohibition on broadcasters airing political advertising.
It is incumbent upon the BAI and all broadcasters in the State, to ensure that they adhere to the Code on Referenda and Election Coverage, as well as to the spirit and letter of the relevant judicial rulings in this area.
I have no plans to amend the existing legislation in this area.
