asked the Minister for Communications if it is his intention to review the existing broadcasting ban under section 31 of the Broadcasting Act next month when it falls due for renewal; if he is considering any changes in the ban; and, if so, if he will make a statement on the matter.
Ceisteanna—Questions Oral Answers. - Section 31 Ban.
5.
It is my intention to review the current order made under section 31 of the Broadcasting Authority Acts, 1960-1979 before it expires on 19 January 1990. All relevant matters relating to the order will be taken into consideration at the review.
With reference to the Supreme Court ruling in 1982 in relation to this matter, does the Minister consider that his discretion has been effectively eliminated?
The Deputy points to the Supreme Court judgement of 1982. The Supreme Court in that judgement referred to what it termed a constitutional obligation on the State to intervene to prevent radio and television broadcasts aimed at advocating or securing support for organisations which seek to overthrow the State by violence or which would, in any way, be likely to have the effect of promoting or inciting to crime or endangering the authority of the State. This is perhaps the matter to which the Deputy is referring. Unless those who support the use of violence were prepared to set aside violence, the Minister would obviously feel some constraint. The Minister would have to take into account not only the Supreme Court decision but all relevant matters.
To facilitate consideration of this matter by other Members, would the Minister be good enough to place in the Library a copy of the Supreme Court judgement of 1982?
Yes, I would be happy to arrange that.