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Category: Broadcasting

Access to RTÉ’s archives

14 October, 202416 October, 2024
| No Comments
| Broadcasting, Copyright, CRC12 / CRC13

Yours truly at the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and MediaLast Wednesday, 9 October 2024, I was at the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media, for a debate on the Broadcasting (Amendment) Bill 2023 (screengrab from here, left).

This succinct and welcome Bill aims to amend the Broadcasting Act 2009 to provide for greater public access to the archives of Ireland’s national public service broadcaster, Raidió Teilifís Éireann (RTÉ). This is some of my opening statement (as delivered (with added links); the more extensive written version is here (pdf)):

… I was the chair of the Copyright Review Committee. Our report, Modernising Copyright, led to the enactment of the Copyright and Other Intellectual Property Law Provisions Act 2019. One of the aims of our report was to enable users to have access to, and to use, copyright material “in line with the greater public interest”, as it is put in the Bill. For this reason alone, I commend the Bill. It is a crisp Bill with two key subsections. I will make some brief comments about drafting issues.

Section 1(a) of the Bill inserts into section 89 of the Broadcasting Act 2009 a general duty on RTÉ to make archives available for inspection and publication.

…

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In Canada, Greens leader Elizabeth May Files Court Challenge To Be Included In Leaders’ Debate

4 April, 2011
| No Comments
| Broadcasting, General

As in 2008, the decision has been made to exclude Green Party leader Elizabeth May has from participating in the televised (and widely watched) English and French leaders’ debates, to be held on April 12th and 14th. The decision was made by a consortium of television broadcasters based on regulations established by the Canadian Radio-television and Telecommunications Commission (“CRTC”). One of the key features of the CRTC rules is that broadcasters do not have to include the leaders of all political parties in election-related debates.

In 2008, after an enormous public outcry and the threat of legal action, the broadcasters backed down and allowed May to participate in the debates, thus setting the precedent for the inclusion of the Green Party Leader and for a leader of a party with no seats in the House of Commons. This time, though, the threat of legal action wasn’t enough and after it seemed Ms. May would not be allowed to participate, the Green Party filed an application for judicial review in the Federal Court of Appeal on March 31, 2011.

via thecourt.ca

In Canada, just as in Ireland, broadcasters’ duties of fairness are often tested by smaller parties’ claims to participation in election events, such as leaders’ debates.

…

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The Broadcasting Authority of Ireland has published its first Strategy Statement

22 February, 2011
| No Comments
| Broadcasting, General

BAI STRATEGY 2011-2013 PUBLISHED

The Broadcasting Authority of Ireland (“BAI”) has … published its first Strategy Statement which sets out the organisation’s mission and values as well as its vision for the broadcasting sector for the period 2011-2013.

The Statement captures the focus of the work of the BAI in seven over-arching strategic themes. Eight strategic (high level) goals have been developed, covering the three year period of this strategy. Each goal contains specific objectives enabling the BAI to execute its mission and to contribute to the achievement of its vision.  On a yearly basis, the BAI will identify specific deliverables under each strategic goal, which will shape its annual work-plan. …

The Authority has also published a Statement of Outcomes document which provides a general overview of the changes made to the draft Strategy Statement on foot of submissions received during the public consultation phase. The BAI’s workplan associated with the Strategy Statement is also scheduled for publication in the coming days. …

To download a copy of the Strategy Statement in English please click HERE
To download a copy of the Strategy Statement in Irish please click HERE
To download of copy of the Statement of Outcomes document please click HERE

via bai.ie
…

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RTÉ defends stance on covering candidates – The Irish Times

22 February, 2011
| No Comments
| Broadcasting, General

PAUL CULLEN, Political Staff

LEGAL CHALLENGE: RTÉ HAS defended its election coverage in the face of criticism of its treatment of Independent candidates by a Dublin city councillor.

Cieran Perry, who is standing as an Independent in Dublin Central, says he is planning a legal challenge to the State broadcaster’s policy on election coverage.

Mr Perry has accused RTÉ of breaching the principle of fairness established in court judgments on election coverage because it treats some candidates as “also-rans”.

via irishtimes.com

I’ve set out the legal principles in posts on Cearta here and here.

…

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TV3 wants end to broadcast media blackout prior to election · TheJournal.ie

7 January, 201114 September, 2020
| No Comments
| Broadcasting, Freedom of Expression, General

TV3 wants end to broadcast media blackout prior to election

07/01/11, 12:31 pm 290 Views 5 Comments

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Image: Gruenemann via Flickr

UPDATED 13.45

TV3 IS “DEMANDING” an end to the moratorium which forbids broadcast media from reporting most political coverage just prior to a general election. …

Currently, a 48-hour moratorium is applied to such reporting on the day prior to polling and on the day the country goes to the polls. … In a statement today, TV3 says … that “there is no legal requirement for the moratorium under Irish law” and that there is no provision in the Broadcast Act of 2009 for such a moratorium. TV3 also questions the legality of the moratorium in relation to the free speech guarantees set out in the Irish Constitution and the European Convention on Human Rights. …

The Broadcasting Authority of Ireland confirmed to TheJournal.ie that they have received the submission for TV3 and are giving it their “full consideration”. A spokesperson for the BAI said that the body is currently working on the final draft code for broadcasting during and in the run-up to the election. (This is the Draft Election Code, which can be viewed in full here) …

via thejournal.ie
…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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