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IRIS 2016-8:1/21 [IE] Court of Appeal dismisses appeal by ISP against court-ordered graduated response system for copyright infringement

The Irish Court of Appeal has dismissed an appeal by the Internet service provider (ISP) UPC Communications Ireland Ltd (UPC) concerning the jurisdiction of the High Court to grant graduated response system (GRS) injunctions to support the enforcement by music companies of copyright infringements against ISPs subscribers. The term “GRS” refers to “types of steps which an ISP may be required to take against copyright infringers, ranging from warning letters at one [end] of the spectrum to orders blocking access to particular websites at the other”. The case originated in 2014 when music companies,...

IRIS 2016-7:1/23 [IE] Programme containing hate speech had no editorial justification

In a majority decision, the Compliance Committee of the Broadcasting Authority of Ireland (BAI) has upheld a complaint against a broadcaster over a programme featuring a contributor being “given repeated opportunities to air” extremely racist views. The complaint concerned a November 2015 edition of a late night chat/entertainment programme broadcast each weekday evening after 9pm by FM 104. The programme is led “by audience interaction”, and is “characterised by often controversial and trenchant views often stated using coarse and offensive language.” The episode of the programme aired on 12 November...

IRIS 2016-7:1/22 [IE] Interview concerning abortion violated broadcasting rules

In a majority decision, the Broadcasting Authority of Ireland (BAI) has upheld a complaint concerning an interview with a couple on the topic of abortion, broadcast by the public service broadcaster RTÉ (for previous decisions, see IRIS 2016-3/20, IRIS 2016-2/14, and IRIS 2014-2/23). The complaint concerned an October 2015 edition of The Ray D’Arcy Show, a lifestyle and entertainment programme, broadcast weekday afternoons on RTÉ Radio 1. The programme featured an interview with a well-known television writer and his wife, concerning their experience of receiving a diagnosis that their first baby...

IRIS 2016-6:1/17 [IE] Broadcasting Authority and the Canada Media Fund announce co-development incentive for audiovisual projects

On 20 April 2016 the Broadcasting Authority of Ireland (BAI) and the Canada Media Fund (CMF) announced a new funding incentive for the development of audiovisual projects. The CMF fosters, promotes, develops and finances the production of Canadian content and relevant applications for all audiovisual media platforms. Under this new incentive a total of EUR 150,000 is being made available to assist Irish and Canadian producers to “develop co-productions on Irish and Canadian television services”. The BAI and the CMF contributed an equal share in the total funding of the development incentive. Awards...

IRIS 2016-6:1/16 [IE] Advertising Standards Authority upholds complaints over Toyota commercial

The Advertising Standards Authority for Ireland (ASAI) has upheld complaints in relation to television and radio advertising for Toyota Ireland (Toyota). The complaints centred on the question of “compatibility” of the “common claim” in the adverts to the effect that Toyota were “The Best Built Cars in the World” with the “widely publicised recalls” of Toyota cars. The complaints were considered under various sections of the ASAI Code 2016 (see IRIS 2016-5/21), including sections dealing with “Honesty” and “Truthfulness”. Section 2.22 of the Code states that “Advertisers should not exploit the...