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The Broadcasting Authority of Ireland (BAI) has launched a public consultation on a draft General Commercial Communications Code. The draft code “sets out the rules for Irish radio and television stations with regard to airing advertising, sponsorship, product placement and other forms of commercial broadcasting.” The Code clarifies for broadcasters the definitions and exclusions of various forms of paid-for communications. The BAI General Commercial Communications Code was introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The BAI is required to review the effect...

The Advertising Standards Authority of Ireland (ASAI) has rejected a number of complaints over a television car advert by Opel Ireland that was considered by complainants to be “offensive and sexist towards women”. The advertisement features a couple travelling in a car with the woman driving. The couple stop at a pedestrian crossing and the woman turns to her male passenger and poses the question “Do you wanna feel? It’s nice and warm”. The male passenger appears perplexed and replies “okay”, and reaches over to touch the woman’s breast. The female driver subsequently takes the man’s hand and...

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,...

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...

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...