Gainsboro House
24. Suffolk Street,
IRL-Dublin 2
Contact: Duncan S.J. Grehan
Tel: 353.1.677.90.78
Fax: 353.1.677.90.76
Email: dgrehan@duncangrehan.com
Website: www.duncangrehan.com

 

 

 

ADVERTISING TOWARDS POLITICAL OR RELIGIOUS ENDS

On 23/09/02 the High Court in Ireland refused to compel the national television station, RTE, to broadcast a series of four advertisements for a religious group which promotes and encourages lifestyle changes.

The group claimed that RTE had reneged at a late stage on a binding contract to broadcast the advertisements. The advertisements featured former golfer Bernhard Langer, amongst others speaking about changes which had taken place in their lives and featured phrases such as "God has a plan for my little life."

The Broadcasting Authority Act, 1960 (as amended) states that stations should not broadcast advertisements directed towards religious or political ends. RTE argued that its obligations were to the law and not to the advertisers. Although the Act does permit ads with the aim of selling religious periodicals this is only once it does not address the issue of the merits or otherwise of following any one religious faith or belief. RTE also felt that no binding contract existed.

The advertisers had applied for an injunction to force RTE to show the ads. However the judge said that if he granted this injunction it would effectively dispose of the issue there and then. He felt there were serious issues and strong arguments on both sides involved which needed to be heard at a full trial. He said that it would not be in the balance of justice to grant the injunction.

It is expected that the matter will return to court at a later stage for a full hearing. Watch this space!