A complaint over a radio advert for an Irish comedian's live show was found to be in breach of broadcasting standards on the grounds it might stigmatise people with mental illness.
The ruling was published today by the Broadcasting Complaints Commission, the independent statutory body responsible for standards in radio and television broadcasting.
Complaints regarding the discussion of sex toys on the Ray Darcy radio show were upheld by the BCC. Image: Frank Miller.
The BCC received a complaint that an advert broadcast on the radio station Q102 for a Deirdre O'Kane comedy show, claiming it could be considered to stigmatise people with mental illness and was likely to cause offence.
It was submitted by the person who complained that the ad was "extremely offensive".
The clip in the advert contained the remark: 'I actually thought she might get a straitjacket and have me transferred to Pat's'. [A reference to a hospital that treats people with mental illness].
In its ruling, the commission said it acknowledged that comedy was subjective and that "humour can sometimes be challenging".
However, it said a broadcaster must be careful not to broadcast an advertisement which could be considered offensive.
"In the opinion of the commission, by taking the excerpt out of context and using it in the advertisement, the general standards of advertising were breached."
It said the inclusion of the clip in the ad was "inappropriate" and went beyond acceptable standards. It noted that the advertiser amended the ad on foot of the complaint.
The six complaints upheld by the BCC also included one about an RTÉ Livelineprogramme where the topic of the rights of homosexual people to adopt or foster children was discussed.
During the programme, Hermann Kelly, who had written an article on the subject for the Irish Mail on Sunday, was interviewed on air with contributions from other callers.
Mr Kelly expressed concern for the welfare of children placed in a homosexual environment and quoted some research from an American website promoting 'traditional family values', the BCC said.
RTÉ said that many of the callers who contacted the programme were in support of Mr Kelly's views. However, the majority were "homophobic in their views which were unfit for broadcasting".
The complainant said Mr Kelly had been forced to answer one side of the debate against several other callers who opposed his views. He also claimed that people who tried to support Mr Kelly were given very little time and that the programme lacked impartiality, objectivity and balance.
The BCC found that on this occasion, RTÉ did not ensure that adequate presentation was given to both sides and said there was "undue prominence given to opposing views".
A complaint made against the Ray D'Arcy show on Today FM was also upheld. The complaint related to a discussion on the use of sex toys. The complainant said the material was sexually explicit and that he had had his four children in the car with the radio on just minutes before. The complainant did not think it was fair or reasonable to broadcast material of that nature on a national radio station.
In its ruling, the BCC said the content of the programme was explicit and that the manner of the presentation was "at times gratuitous".
"The nature and style of the discussion was inappropriate and totally unsuitable for the time of broadcast [9.35am]," it said.