A High Court judge has refused to compel RTE to broadcast advertisements for a religious group which encourages lifestyle change and which is promoted by world golfing star Bernhard Langer.
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| A page from the Power To Change website |
Mr Justice Barry White said today that by granting a mandatory injunction directing the national broadcaster to air the advertisements from last night he would effectively be disposing of issues set down for determination by the court at a future full trial.
Mr Justice White said there were a number of serious issues to be tried and he could see there were strong arguments that could be made by both sides as to whether or not a binding contract existed between RTE and the Zion Trust which carries out its activities under the title "Power to Change."
"What is being sought here is an injunction compelling RTE to broadcast certain advertisements in the imminent future but by granting the relief at this stage I would be effectively disposing of the case," he said.
Judge White said he believed the balance of justice did not lie in favour of the Zion Trust and refused their application.
Mr Paul Callan, SC, counsel for the Trust, claimed RTE had reneged at the last minute on a binding contract to broadcast the advertisements which featured Bernhard Langer and Michael Mc Goldrick, father of a murdered Portadown taxi driver, talking about changes which had taken place in their lives.
Mr Bill Shipsey, SC, counsel for RTE said the station's paramount consideration was the observance of its statutory obligations under the Broadcasting Authority Act which provided it should not accept any advertisement directed towards any religious or political end.
An amendment to the Act provided that this clause should not be construed as preventing the broadcasting of advertisements that a particular religious periodical was for sale or supply if the contents did not address the issue of the merits or otherwise of adhering to any religious faith or belief or of becoming a member of any religion or religious organisation.
He said RTE did not consider itself to have any contract with the Zion Trust and had declined to broadcast the advertisements on legal advice that they were directed towards a religious end within the meaning of the Act and, notwithstanding the absence of explicit reference to God, would be regarded as addressing the merits of religious belief and advocating Christian faith.