Massaging the political advertising ban
Section 41(3) of the new Broadcasting Act, 2009 (pdf) provides:
A broadcaster shall not broadcast an advertisement which is directed towards a political end or which has any relation to an industrial dispute.
This sub-section (in conjunction with section 41(4), which contains a ban on religious advertising) re–enacts long–standing bans on political (and religious) advertising; though such a ban is unlikely to survive challenge in the European Court of Human Rights.
Dr Kevin Rafter, Head of the Department of Film and Media, in the School of Creative Arts, at the Dun Laoghaire Institute of Art, Design and Technology has just written a fascinating report on Political Advertising: The regulatory Position and the Public View (here) for the Broadcasting Authority of Ireland (BAI). I’m glad to see this for at least two reasons.
First, it means that the BAI has hit the ground running. In October, the Minister announced five members of the Authority; according to section 13(7) of the Act, the quorum for meetings of the authority is five, so it has been operational since these five members were appointed by the Minister. However, the full membership is nine, and the other four members are being appointed by the Joint Oireachtas Committee on Communications, Energy and Natural Resources.…