Complaint over radio host backing same-sex marriage upheld in part

A complaint about a Newstalk radio presenter stating his support for same-sex marriage has been upheld in part by the Broadcasting Authority of Ireland.

The authority’s compliance committee said the complaint regarding the June 27th edition of Newstalk Breakfast was relevant as part of the programme, which aired during the week of the Dublin Gay Pride celebrations, lacked “fairness, objectivity and impartiality in news and current affairs”.

The complainant, Ray McIntyre, claimed that the presenters “were completely sympathetic” to the panellists - one linked to Dublin Pride and the other who had worked with the young persons’ LGBT group BeLongTo - and did not “challenge them on a single point”.

"[Mr McIntyre] states that this reached its apotheosis when one of the presenters, Chris Donoghue, stated that he would vote in a referendum in favour of changes to Irish law to permit same-sex marriage," the committee said in its report, adding that Donoghue stated "his impatience with not being able to vote immediately".

The report added that Mr McIntyre was aware many felt allowing same-sex marriage was “an essential step in the march of civil rights” but there were also those with a different view and it was not Newstalk’s role “to act as a cheerleader for one side or the other in a matter of current public debate”.

“He believes that this kind of conduct, if continued, threatens to make next year’s referendum a farce of epic proportions,” it states.

In its response, Newstalk said the case was “not news or a current affairs broadcast” but rather a feature on Dublin Pride and that listeners had been informed of this.

The broadcaster stated that it was a human-interest piece which happened to touch on other issues including same-sex marriage and mentioned the proposed referendum for about one minute out of 10.

The station acknowledged that Donoghue “did proffer his voting preference” but argued that in the context of the piece it was the only expressions of opinion, and this did not constitute a breach of the authority’s code of practice.

In its ruling, the committee said its Code of Fairness, Objectivity and Impartiality in News and Current Affairs recognises “the special responsibilities of programme presenters”.

While this does not prevent presenters from conveying professional views or pursuing vigorous lines of questioning it does limit them from expressing “partisan” views and the complaint was upheld in part on those grounds.

Donoghue tonight said the authority’s decision was “daft and depressing”as the comment was not made in a vacuum but as part of a discussion “about a range of issues affecting gay people in Ireland” and that the referendum, for which no date has been set, was discussed in that context.

He said the issue was considered as part of the Constitutional Convention, which recommended that referendums be held on a number of other topics such as lowering the voting age and electoral reform, and was therefore a “matter of public debate”.

Donoghue said he had heard “a myriad of unchallenged comment” on other issues raised by the convention and “current affairs broadcasters giving opinions and asking questions about all of these potential referendums”.

"Why is it that the BAI has now made negative rulings against both Newstalk and RTÉ on the issue of marriage equality and none on these other matters of public debate?" he said.

The authority earlier this year upheld a complaint against RTÉ Radio One’s Mooney Show following a discussion on civil partnership, saying no opposing voice to same-sex marriage was heard during the broadcast.

The complaint against Newstalk was one of 11 complaints considered by the committee in September and October with the other 10 - six of which related to RTÉ’s The Savage Eye - rejected.