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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...

IRIS 2016-5:1/21 [IE] New code of standards for advertising and commercial communication

On 1 March 2016, the Advertising Standards Authority for Ireland’s (ASAI) new Code of Standards for Advertising and Marketing Communications in Ireland (7th edition) came into effect (for previous codes, see IRIS 2006-2/24 and IRIS 2002-5/21). The ASAI is an independent self-regulatory body, and the code applies to advertising and marketing communication in all media in Ireland, including television and digital media. The new 132-page code contains a number of new provisions, including the following: first, there is a new section on e-cigarettes, which provides that “marketing communications for...

IRIS 2016-4:1/19 [IE] Political party loses legal challenge over televised leaders’ debate prior to election

In judicial review proceedings in the High Court, a political party (Green Party) challenged the exclusion of its leader from a televised party leaders’ debate by public service broadcaster RTÉ. The applicant (a trustee of the Green Party), sought a declaration that the criteria operated by RTÉ, and in particular the requirement that a party have “at least three sitting members” in the outgoing Dáil Éireann (lower house of Irish parliament) before the leader of that party be invited to participate in the leaders’ debate was unfair, undemocratic and unconstitutional and in breach of RTÉ’s statutory...

IRIS 2016-4:1/18 [IE] High Court rejects application to remove court report from media website

On 8 February 2016, the High Court delivered its judgment in Philpott v. Irish Examiner Limited, concerning (a) the circumstances where a court will order the media to cease further publication of a defamatory statement, and (b) the defence of absolute privilege for “fair and accurate“ court reporting. The case arose following publication of two articles by the Irish Examiner newspaper in 2015, headlined “Former CEO loses case against hospice,” and “Ex-Marymount Hospice executive’s legal case resolved.” Both articles reported on a court action taken by a hospital official against his employer,...