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  1. #1
    ger12 ger12 is offline
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    BAI in breach of Coughlan Judgement?

    So the Citizens Assembly recently covered the 50/50 media requirement coming up to a referendum.

    The "experts" invited to what imo was a fit up argued we don't need this 50/50 coverage.

    In a cut and paste like decsion the BAI have gone with the CA.

    "At a briefing today on its guidelines on referendum coverage the BAI said that fairness objectivity and impartiality can be achieved by including interests from both sides of the debate.

    There is no obligation to automatically balance each contribution with an opposing contribution as fairness can be achieved in a number of ways including presenter input, the make up of audience, the structure of the programme as well as other means, the BAI said."

    https://www.rte.ie/amp/947067/

    Unconstitutional I believe. See the Coughlan Judgement.

    ""The Supreme Court has upheld a High Court judgement that RTÉ acted unfairly in the allocation of free and unchallenged airtime to the 'Yes' and 'No' sides of the debate in the 1995 Divorce Referendum. The High Court action was taken by Trinity College lecturer Anthony Coughlan. He challenged RTÉ's treatment of the referendum and the decision of the Broadcasting Complaints Commission to dismiss his complaints."

    https://www.google.ie/amp/s/www.rte.ie/amp/5300/

    The Coughlan Judgement is central, but so also is the McKenna Judgement in that the public broadcasters and the apparatus of the 'airwaves' are public assets that the Government cannot leverage to sway a vote in a particular direction.


    It starts with the 8th amendment referendum.
    Last edited by ger12; 16th March 2018 at 07:53 AM. Reason: Thread title should have read Coughlan and McKenna judgement
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  2. #2
    The_SR The_SR is offline

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    You got your arse handed to you on this so started a thread?

    This was a clarifying ruling after silly things like RTE going back to a speaker for 6 seconds to mathematically balance all time. Balance is broader than RTE interpreted it.

    Also pointed out to you this has her haw to do with the constitution. It's the 1998 act.
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  3. #3
    ger12 ger12 is offline
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    Quote Originally Posted by The_SR View Post
    You got your arse handed to you on this so started a thread?

    This was a clarifying ruling after silly things like RTE going back to a speaker for 6 seconds to mathematically balance all time. Balance is broader than RTE interpreted it.

    Also pointed out to you this has her haw to do with the constitution. It's the 1998 act.
    BS.

    The Coughlan Judgement is central but so also is the McKenna Judgement in that the public broadcasters and the apparatus of the 'airwaves' are public assets that the Government cannot leverage to sway a vote in a particular direction.
    Last edited by ger12; 13th March 2018 at 01:44 PM.
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  4. #4
    Dame_Enda Dame_Enda is online now
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    It's more about the Coughlan judgement.
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  5. #5
    Mushroom Mushroom is offline
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    Poor ger is running around like demented hamster as she tries to convince everyone that her view of the world is correct!

    I reckon she's already been on to Joe Duffy and look forward to hearing her hysterical ravings in about an hour's time!
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  6. #6
    Toland Toland is offline
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    Quote Originally Posted by ger12 View Post
    So the Citizens Assembly recently covered the 50/50 media requirement coming up to a referendum.

    The "experts" invited to what imo was a fit up argued we don't need this 50/50 coverage.

    In a cut and paste like decsion the BAI have gone with the CA.

    "At a briefing today on its guidelines on referendum coverage the BAI said that fairness objectivity and impartiality can be achieved by including interests from both sides of the debate.

    There is no obligation to automatically balance each contribution with an opposing contribution as fairness can be achieved in a number of ways including presenter input, the make up of audience, the structure of the programme as well as other means, the BAI said."

    https://www.rte.ie/amp/947067/

    Unconstitutional I believe.

    It starts with the 8th amendment referendum.
    Misleading thread title. The new guidelines have not been found to go against the McKenna judgment. The 50-50 rule was always a licence for flakery. And an opportunity for people representing tiny minorities occupying inordinate amounts of air time.

    I think the decision is sensible. It will inevitably be challenged in court. I hope it passes that challenge.
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  7. #7
    The_SR The_SR is offline

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    Quote Originally Posted by ger12 View Post
    BS.
    Good answer. That's the debate won.
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  8. #8
    The_SR The_SR is offline

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    Quote Originally Posted by Toland View Post
    Misleading thread title. The new guidelines have not been found to go against the McKenna judgment. The 50-50 rule was always a licence for flakery. And an opportunity for people representing tiny minorities occupying inordinate amounts of air time.

    I think the decision is sensible. It will inevitably be challenged in court. I hope it passes that challenge.
    I'm not sure it even goes that far.

    We both have a minute. You go 55 seconds. I go 65. The go back to you for 10. You look blankly at the camera. It happened and was a pedantic interpretation. Similarly if your column has 20 more words than mine they are t 'balanced'. The BAI are allowing RTE and others to use a bit of cop.

    And it still has nothing to do with the constitution.
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  9. #9
    eoghanacht eoghanacht is offline
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    Can we just bar ger from starting threads til the end of May.

    How many abortion threads do we need.
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  10. #10
    Dame_Enda Dame_Enda is online now
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    Quote Originally Posted by Toland View Post
    Misleading thread title. The new guidelines have not been found to go against the McKenna judgment. The 50-50 rule was always a licence for flakery. And an opportunity for people representing tiny minorities occupying inordinate amounts of air time.

    I think the decision is sensible. It will inevitably be challenged in court. I hope it passes that challenge.
    You can be a tiny minority in the Dail but still be in a majority in a referendum result.
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