TV3 questions legality of broadcasting moratorium

TV3 HAS called for an end to the two-day broadcasting moratorium which applies to the general election.

The Broadcasting Authority of Ireland (BAI) has proposed retaining the current moratorium which requires broadcasters not to broadcast any election coverage about candidates or parties from midnight on the day before the election and on the day of the election itself.

In its draft election code, which has gone out for consultation, it said the moratorium allowed for a period of reflection and would also ensure there was “fairness, objectivity and impartiality . . . during this critical period”. TV3’s director of news Andrew Hanlon said the proposed moratorium “underestimates the intelligence of our viewers who are more than capable of deciphering political messages, even on an election day”.

He said the moratorium did not apply to print or internet journalism and had no place where there was a “plurality of journalism” while in the UK and the US such a moratorium was only observed on the day of election.

TV3 has made a submission to the BAI arguing that the proposed moratorium is not required as the legal requirement for “fairness, objectivity and impartiality” are already an obligation on broadcasters throughout the campaign.

It also stated that there is no legal requirement for such a moratorium under Irish law in the recently passed 2009 Broadcast Act. It also questioned the legality of the moratorium in the context of the guarantees of free speech as set out in both the Constitution and the European Convention on Human Rights.

The BAI has given interested parties until Monday to make submissions in relation to its draft election code.

Independent Broadcasters of Ireland spokeswoman Lisa Ní Choisdealbha said the current moratorium guidelines worked well and they were not proposing that any changes should be made to them.

RTÉ declined to comment on TV3’s submission.