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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...

IRIS 2017-5:1/25 [IE] New General Commercial Communications Code

On 28 March 2017, the Broadcasting Authority of Ireland (BAI) launched its new General Commercial Communications Code. It replaces the previous code introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The new code follows a public consultation held in 2016 on the draft code (see IRIS 2016-8/23). The new code is divided into 22 sections and sets out the general rules and principles, definitions, and requirements regarding particular products and services on both radio and television. However, the code does not cover services provided over the Internet, nor does...

IRIS 2017-5:1/24 [IE] High Court rules on order to reveal Facebook user’s identity

On 8 February 2017, the High Court refused an application for an order against Facebook Ireland Ltd to identify an anonymous source for defamatory postings on their platforms on the basis that the right to a person’s good name must give way to the right to life and bodily integrity of another in the event of a conflict. In a previous decision in 2016, Justice Binchy had refused the plaintiff, Mr Fred Muwema, certain orders which would have had the effect of requiring Facebook to take down certain defamatory postings concerning him which were posted by a pseudonymous source:“Tom Voltaire Okwalinga”...

IRIS 2017-4:1/25 [IE] BAI publishes new Strategy Statement

On 22 February 2017, the Broadcasting Authority of Ireland (BAI) published its new Strategy Statement 2017-2019. The publication sets out the BAI’s strategic themes and objectives for the forthcoming period, and follows a statutory review of its previous strategy and a public consultation. The Statement sets out five strategic themes, namely: promoting diversity and plurality; achieving excellence and accountability; communicating and influencing; empowering audiences; and enhancing innovation and sectoral sustainability. Under each of these themes, the BAI has a set of objectives and outcomes...