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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...

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”...

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...

The Advertising Standards Authority of Ireland (ASAI) has partially upheld complaints concerning elements of the Irish Cancer Society’s “I want to get Cancer” advertising campaign. The advertisings proved particularly controversial, with 92 complaints submitted under various sections of the ASAI’s Code against the six advertisements, which featured in various media including television and radio. The campaign started with a “teaser” advertisement “where the advertisers were not identified” and the wording “I want to get cancer” featured. The following day the “reveal” adverts appeared and “the...

On 17 February 2017, the Minister for Justice and Equality established a statutory Tribunal of Inquiry to investigate allegations made by Irish police officers under Ireland’s whistleblower law, the Protected Disclosures Act 2014. Of particular importance is the fact that the Tribunal’s terms of reference include investigating certain aspects relating to the Irish media. First, the Tribunal will examine a police officer’s allegation that he was directed “to contact the media to brief them negatively” against a police whistleblower, to brief the media that the officer “was motivated by malice and...