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IRIS 2017-7:1/23 [IE] Broadcasting Authority allocates awards under Broadcasting Funding Scheme

On 22 May 2017, the Broadcasting Authority of Ireland (BAI) announced the allocation of EUR 5.5 million to projects under its broadcasting funding scheme, “The Sound & Vision 3 Broadcasting Funding Scheme” (see IRIS 2016-9/22 and IRIS 2015-4/13). The scheme is created under section 154 of the Broadcasting Act 2009, which requires the BAI to “prepare” a funding scheme to support a number of objectives, including new television or radio programmes “including feature films, animation and drama on Irish culture, heritage and experience”, “programmes to improve adult or media literacy”, “programmes...

IRIS 2017-7:1/22 [IE] General Scheme of Data Protection Bill 2017 and new legislation on cybercrime

On 12 May 2017, the Department of Justice and Equality published the General Scheme of the Data Protection Bill 2017. The Bill will give further effect in Irish law to the EU General Data Protection Regulation (GDPR) (2016/679). The Bill contains some notable features for the media: Article 85 of the GDPR obliges member states to reconcile the right to protection of personal data with the right to freedom of expression and information. Current law in Ireland in this regard is set out in section 22(A) of the Data Protection Acts 1988 and 2003, which gives effect to Article 9 of the 1995 Data Protection...

IRIS 2017-7:1/21 [IE] Court of Appeal orders reduction in damages for defamation of lawyer in TV news report

The Court of Appeal has ordered that damages of EUR 140,000 awarded in the High Court against the broadcaster TV3 for defaming a lawyer in a news report be reduced to EUR 36,000 (for High Court judgment, see IRIS 2016-1/18). This was the first time the Court of Appeal considered the “Offer to make amends” provision under the Defamation Act 2009. In November 2013, lawyer David Christie was defamed by commercial broadcaster TV3 in a news bulletin reporting a court case which incorrectly identified him as his client, who he was representing in a criminal trial. Two days after the broadcast, Christie...

IRIS 2017-6:1/22 [IE] Decision on fairness and impartially rules for television documentaries

On 26 April 2017, the Broadcasting Authority of Ireland (BAI) delivered a decision on the fairness and impartiality rules applicable to documentaries under the Broadcasting Act 2009, and the BAI Code on Fairness, Objectivity and Impartiality in News and Current Affairs. The decision concerned a documentary broadcast on the RTÉ One television channel in July 2016 entitled “Peacekeepers: The Irish in South Lebanon”. It detailed the experience of the Irish Defence Forces operating in South Lebanon during the 1970s until the present. A complaint was submitted under section 48(1)(a) of the Broadcasting...

IRIS 2017-6:1/21 [IE] High Court refuses to strike out presidential candidate’s claim over televised election debate

On 11 April 2017, the High Court delivered a judgment in Gallagher v. RTÉ, concerning a presidential candidate’s legal action against the public broadcaster RTÉ over a 2011 televised election debate. The claim centred on RTÉ’s 2011 election debate, when the presenter had questioned the candidate about a statement concerning him that had just been made on the supposed official Twitter account of another candidate. It later turned out that the tweet had been attributed, in error, to the official Twitter account of the other candidate. In March 2012, the Broadcasting Authority of Ireland (BAI) held...