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INDEPENDENT TD STEPHEN Donnelly has tabled a bill which aims to remove the the term “offence” from the Broadcasting Act as he believes its inclusion can be used to “gag free speech”.
Donnelly told the Dáil this afternoon that he is introducing the bill in the wake of the Pantigate controversy which he says, along with the current legislation, has already caused broadcasters to “err on the side of caution”.
“I don’t believe people should be censored for saying offensive things, whether or not that offence is reasonably taken or not,” the Wicklow TD told deputies.
The legislation in its current form gags free speech, harms public debate and means broadcasters can be bullied by the litigious and thin-skinned.
The TD said that it has been suggested in the media that Minister for Communications Pat Rabbitte is considering amending the act so that it instead refers to “reasonable offence”. He argued that this would still “hamstring broadcasters” and wants no reference at all to “offence” in the Broadcasting Act.
The private members bill would change the current wording of paragraph (d) of the Broadcasting Act 2009 from:
anything which may reasonably be regarded as causing harm or offence, or as being likely to promote, or incite to, crime or as tending to undermine the authority of the State, is not broadcast by the broadcaster
to:
anything which may reasonably be regarded as causing harm, or as being likely to promote, or incite to, crime or as tending to undermine the authority of the State, is not broadcast by the broadcaster.
Donnelly argues that his suggestion “removes just two words from the Broadcasting Act” and would “immediately fix one of the biggest flaws in the legislation”.
Taoiseach Enda Kenny said that the Government was not opposing the bill’s entrance to the house and would be looked at by Minister Rabbitte.
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I hope and pray that something comes from this renewed search. She has been one of the missing too long. And the agony her family is going through is horrendous.
Someone other than the person responsible knows the truth of what happened to Fiona and they should come forward with the information. There is no reason whatsoever why anyone should protect such an animal.
Again I say Mary that if somehow, new evidence is uncovered that leads to a new suspect that you are unaware of and that this suspect is subsequently found guilty in court, it could prove difficult for you. I am not trying to discredit you, only asking you, for your own sake, to be careful making accusations that only the perpetuator or close contact could possibly know, beyond reasonable doubt. If those that you implicate are indeed found guilty then you may be considered to have withheld evidence. Without wanting to sound rude, please “make sure brain is in gear before operating mouth”.
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