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Ireland: Section 31 Ruling

01 September 1992

The High Court ruled on 31 July that the broadcasting authority RTE is wrong to apply a blanket ban on interviews with members of Sinn Fein under Section 31 of the Broadcasting Act. Justice Rory O'Hanlon ruled that RTE's decision not to broadcast interviews with strike committee chair Larry O'Toole, recorded during an industrial dispute at the Gateaux company's plant in Finglass two years ago, was "bad in law, erroneous, based on a misconstruction of the law and null and void". The decision arose from a case taken by O'Toole, a member of the executive committee of the Bakery Union, who successfully applied to the court for an order stating that the provisions of Section 31 do not forbid the broadcast of any material by a person solely on the grounds that he or she was a member of Sinn Fein.

RTE's Director of Broadcasting Developments, Wesley Boyd, responded by calling for the repeal of Section 31. He pointed out the ludicrous situation in which Section 31 was used to ban an interview with an eyewitness to a fire because it transpired he was a member of Sinn Fein. Boyd stated that the High Court decision now suggested that RTE could interview Sinn Fein President Gerry Adams about his latest book, The Street and Other Stories (a book of short stories), but could not carry his political speeches or comments. RTE have responded to the ruling, however, by refusing to alter their practice, pending an appeal to the Supreme Court. Notwithstanding Boyd's understanding of the current legal position, RTE have refused to broadcast an advertisement by Brandon Books for the Adam's book on the grounds that it contains words spoken by Adams.

Irish News 19.8.92; APRN 6.8.92.