Hat tips – Political Advertising; Privacy
This message is by way of catching up with two important developments this week, and thanking those fellow bloggers who brought them to my attention.
First up, political advertising. …
Category: Freedom of Expression
“The right of a free press to communicate information without let or restraint is intrinsic to a free and democratic society”
I have recently commented on this blog that the right to freedom of expression Article 40.6.1(i) has finally got some teeth!?. That process continued today in the Supreme Court, where Fennelly J uttered the line used as the title to this post. …
The Defamation Bill and the art of fugue (though not fudge)
Yesterday, 21 March, was not only the Vernal or Spring Equinox, but also the anniversary of the birth, in 1685, of JS Bach (pictured left; see jsbach.org | wikipedia | baroquemusic.org) – composer of the Art of Fugue. It was also the day on which – stop press – during yesterday’s resumed Seanad debate (html | pdf to follow | Irish Times report (sub req’d)) on the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) Minister McDowell denied that he is a “fascist”, and insisted that he is “a liberal and a republican politician”! Whatever about the newspaper comments which provoked these declarations, or even some of the language he himself used in reponse to an effete lefty pinko commentariat? (Senator Norris’s summary of the Minister’s various pronouncements), nevertheless, at least on the issue of defamation, Minister McDowell yesterday once again proved himself on the side of the angels, declining many opportunities to fudge important issues of principle in the Bill.
During the debate, the members of the red herring school of debating were out in force again, …
The Defamation Bill and the red herring school of debating
With the Defamation Bill, 2006 (Department of Justice | Oireachtas (pdf)) on the agenda for the Seanad again today, now is good time to observe that the debate so far seems to have attracted more than its fair share of red herrings.…
The Press Council comes closer every day
This week saw the launch of the website for the Office the Press Ombdsman and Press Council of Ireland – already much discussed on this blog. [Update (3 January 2008): the website has been revamped and is now available here). All told, it is a rather elegant, user-friendly, and comprehensive website, which will, for example, make it easy for a member of the public to contact the Council with a complaint. This comes hot on the heels of last week’s advertisments seeking applications from members of the public to serve as members of the Press Council. …
Article 40.6.1(i) finally gets some teeth!?
Various news services (BreakingNews.ie | Ireland.com | RTÉ) report that Mr Justice de Valera today struck down section 3 of the Vagrancy (Ireland) Act 1847 (as amended by the Public Assistance Act, 1939), much to the chagrin of the perpetually angry JC Skinner. That section made begging in a public place an offence, and de Valera J struck it down as a disproportionate infringement upon the right to freedom of expression in Article 40.6.1(i) of the Constitution and the unenumerated right to communicate located in Article 40.3.1
Perhaps this will be the spur to dust down the Law Reform Commission’s 1985 Report on Vagracy, as part of a thorough-going reform of an area of the law largely untouched since Victorian times? More importantly, as far as I know (and the High Court in The State (Lynch) v Cooney [1992] IR 337 notwithstanding) this is the first time that a section of an Irish Act has been struck down on freedom of expression grounds. If so, that makes today a red letter day in Irish constitutional history: the day upon which Article 40.6.1(i) finally gets some teeth. …
Trócaire revise ads in face of BCI ban
Trócaire have just posted a statement on their website, under the headline “BCI upholds its decision on Trócaire advert”, in which they say that they have agreed to revise their controversial radio and television advertisments:
…Trócaire has been informed today by the BCI that it is confirming it’s initial decision in relation to Trócaire’s Lenten advertisement on gender equality, deeming that the campaign is toward a political end.
The BCI has proposed an amendment to the script of the broadcast as follows:
“Support Trócaire to help end gender inequality.”The original script stated:
“Support Trócaire’s Lenten Campaign to help end gender inequality.”Despite this change Trócaire is satisfied that the three elements of our Lenten campaign namely, fundraising, awareness raising and campaigning on UN Resolution 1325 [link] (including the online petition [link]) are still fully intact. All these activities continue as before.
Political Advertising, the BCI, and Trócaire
Trócaire is the official overseas development agency of the Catholic Church in Ireland. It runs several campaigns challenging the root causes of poverty and injustice. And every year during Lent (BBC | wikipedia), to raise both much need funds and public consciousness about its work, it runs a Lenten campaign, distributing collection boxes through churches and so on to schools and homes in the hope that the boxes will be filled during Lent and their contents donated to Trócaire after Easter. The image on this year’s box is discussed here by Brian Greene); and the advertising campaign that goes with it focuses on gender inequality to promote equal rights for women and men around the world. You can view the television advertisment here. However, that advertising campaign is now getting Trócaire into hot water. Various newspapers report this morning (Irish Examiner | Irish Independent | Irish Times) that the Broadcasting Commission of Ireland (BCI) has banned these advertisments. …
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