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THE HEAD OF television at RTÉ sent a memo to staff yesterday evening, explaining why the broadcaster paid out an €85,000 settlement following the receipt of six legal complaints about an interview on the Saturday Night Show last month.
Glen Killane, managing director of TV, assured staff that RTÉ “explored every options available to it” before settling the matter with John Waters and members of the Iona Institute who had initiated a legal process.
He also told RTÉ employees that the broadcaster has not “engaged in censorship, but has rather fallen foul of Ireland’s defamation laws”.
Legal advice was sought and the other options explored, he said, included a right of reply and an offer to make a donation to a “neutral charity”.
He told staff that the complainants did not accept the proposed remedies. In an email, dated 4 February and seen by TheJournal.ie, he wrote:
…based on the facts of what was broadcast, and having regard for broadcasting compliance issues, the seriousness of the legal complaints, and the decision by the complainants not to accept RTÉ’s proposed remedies, we decided that a settlement was the most prudent course of action.
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“Senior counsel was consulted and confirmed that the legal position was far from clear.”
Killane, who noted that he had been approached by a number of RTÉ employees querying the settlement decision, also said that the organisation should not “knowingly progress to defend an action when it is advised, internally and externally, that such a defence is unlikely to succeed before a jury”.
He promised staff that RTÉ will continue to cover the topic, citing last week’s Late Debate, coverage of the LGBT rights protest in Dublin on Sunday and items on Today with Seán O’Rourke and the Saturday Night Show.
Meanwhile, the man at the centre of the controversy, Rory O’Neill (aka Panti), continues to garner global attention.
A video of his 10-minute Noble Call at the Abbey Theatre last weekend has been viewed by more than 216,000 people and has been shared online by Stephen Fry, Graham Norton, Dara Ó Briain and Rupaul, as well as getting coverage on international sites including Gawker, the Huffington Post and MSNBC.
It was also showed, in full, by TV3 last night during Tonight with Vincent Browne.
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I genuinely love the Christian spirit that they’ve shown.
Turning the other cheek seems to be one of those ones that they don’t need to live by and can interpret, like toiling on the Sabbath, eating shellfish, wearing clothes of different cloth, divorce, sex before marriage and homosexuality… Oh no, sorry… Not that last one.
The IT article suggests John Waters got 40k. The same man who said gay marriage is a satire intent on destroying the institution of marriage. Is this not weapons grade homophobia?
A catholic lobby group screws the national broadcaster of a predominately Catholic country of cash raised from the taxes and licence fees of the mostly catholic population…because a man said a slightly hurtful but 100% true thing about them… Yes…That’s what Jesus would have done!
John Waters is neither a journalist nor does he have any original opinion. He is just a mouthpiece for a very peculiar branch of catholic church fundamentalists.
It shows quite clearly where the Iona Institutes standards, interest and morals actually are.
RTE is a disgrace of an organisation and one has to question its value as a public broadcaster after this debacle. I certainly do not believe they warrant the funding they get from the television license, maybe it is time to boycott it as they only seem to understand something when it has a monetary value.
Hold on..
Breda O Brien claims that she only took money because RTE “refused to apologise” – but they did apologise, and she took the money anyway..
She’s not a homophobe, she just hasn’t the sense to understand what she is implying with what she says – children should have a mother and father, well that’s a lovely sentiment, but by saying it you are insulting all the many family structures that do not consist of “a mother and a father”. And by campaigning against marriage equality because she doesn’t want gay people to get married – she is implying that there is something wrong with gay people’s relationships – and that IS homophobic. She’s just too blinkered to see it. It’s a shame she doesn’t understand the intention of the term homophobia, it’s not an insult, it’s a call to examine your own beliefs, it implies that there is something wrong with them rather than with gay people.
Rather than examine her own beliefs and how irrational they are, she would rather take legal action and continue digging a hole – Colm O Gorman destroyed her on the radio there recently, and she just didn’t have the self awareness to see it. She’s missing a huge opportunity for personal growth here..
Organisations like Iona institute have no place in modern day society and it is delightful to see the negative publicity they and their collaborators are receiving in the lead up to important “coming of age” Irish referendums.
Pity all the young people who are more likely to be more liberal (until they get a bit of life experience) have emigrated. I wouldn’t be so confident in the run up to this.
Not everybody over the age of 30 is an anti-equality, right wing conservative, my peer group in their late 30s to early 50s would be very much pro-equality, you’ll find from generation x on, most people are, that’s why SSM is gradually being legalised all over the world.
@upthepylons, I may be a miserable, bitter old c*nt who hates and fears change, but I am still a miserable, bitter LIBERAL old c*nt who thinks people should be allowed do whatever they want with their penises or vajayjays as long as it’s consensual!
Here’s to a secular state and an end to the influence of the church in this country.
I think it is critical in the run up to the referendum that we are all aware of the disproportionate influence that minority groups like Iona seek to have in our media spaces… This debate is really shining a light on this. Why do people from Iona have such privileged access to appearances on RTE programmes – they have no remit and they don’t represent anybody. What the hell is going on there?
The other thing we need to watch is the pressure that is brought to bear by these minority conservative Catholic groups and individuals, for example through constant official complaints to the Broadcasting Standards Authority – I wonder what effect this has – that they are consistently making these complaints that one person did not get equal media time in a discussion on particular issues during interviews – might this not be an attempt to make broadcasters more liable to make sure these groups get more representation??? However in all fairness, the responses from RTE to the complaints show that they do robustly stand up against such complaints, so that is the good bit.
I think I am more annoyed with this small conservative group in society that are making such a concerted effort to bend everything to their own will – from TV and radio shows to the media and the legislation of the land.
This is a complete Pontius Pilate by RTE- sadly a victory for those who want to discriminate aided & abetted by our public broadcaster. Taxpayers money was given to those who would deny equality – a sad day for Ireland 2014
How about a boycott of the Irish Times who pay two of the recipients to spout the Iona nonsense? And a campaign to get companies not to advertise in it?
RTE, the Irish Times, the Indo all need to how explain how this one lobby group enjoys so much access. Why them over any other lobby group? For that’s all they are: a lobby group.
@Kevin I was outraged by RTE’s attempts to silence Rory and their decision to use the license fee to fund the Iona institute. But I disagree with you regarding a boycott of the Irish Times. As a liberal I fundamentally believe in the right to free speech. No matter how unpalatable the views of some IT commentators may be, I respect their right to express their views. I don’t respect the views themselves. Pushing the extremists underground has never worked. I say, give them a platform to preach their ideals of inequality. Expose them for what they are. And then give others a voice to oppose them. And point out that being anti gay rights is always homophobic. I may be wrong but it seems your logic for boycotting the IT is that the paper pays people to express views that you don’t agree with it (and views that may offend others). Personally id be scared to read a newspaper where I agreed with every opinion piece. If you believed that a particular newspaper was only giving (or overwhelmingly giving) a voice to homophobes, racists, sexists etc. then I would support a call for a boycott. But not just for giving a voice to the religious right. We shouldn’t pretend these people don’t exist. Instead, like Rory has done, we should expose them for who they really are.
Dermot, I agree with you to a point. I support free speech in every way. If you are anti gay rights so be it but accept the mantle of being a homophobe. I would defend JW’s right to say whatever he likes as long as he accepts that reasonable people have a right to form an opinion of his views that he may not agree with. Fairly simple stuff.
I also agree that they are entitled to their free speech as long as we are entitled to refute it and call it out as we see it.
I suppose Dermot though, the question has to be asked as to why the IT have not just one, but a number of opinionists affiliated with this dubious, relatively small “institute” on their team.
Free speech is important but so is free association. Refusing to buy a newspaper which views and conduct you don’t wish to be associated is a perfectly valid, and important, piece of expression in a democratic state.
I’m not sure that supporting free speech involves an obligation to buy a newspaper.
Kevin, Alan, Peter. I think we’re pretty much all in agreement. David Norris is right to question who the Iona crowd are, who funds them and why they seem to have so much power. If you believe that the IT have a particular bias towards certain lobby groups, then that may be reason to call for a boycott. Nobody should be forced to read a newspaper if they don’t want to. No company should be forced to advertise where they don’t want to. I certainly wasn’t saying that. The point I was making (perhaps not very well) is that calling for a boycott because you don’t agree with a certain commentator may be viewed as trying to silence the opposition. That’s different from calling on a boycott because you believe a newspaper is showing a deliberate bias or is only refusing the right to reply.
Alan – John Waters, Breda O’Brien & Patricia Casey (occasional) and one other individual but I can’t recall their name. Over represented in the IT. The IT itself must have an agenda that desires this lobby group such space. I gave up on the IT a long time ago and would advocate for others to follow.
Kevin, I read the IT daily and I find the fact that there is a heavy Catholic ethos amongst the “commentators” painful. They try a little balance with the odd article by a Skeptic but it’s not enough. The “charity” that runs the IT may be infiltrated by the Knights or some other basket cases.
So, let’s say someone makes an unproven statement about another person being say, racist, an alcoholic, a paedophile, live on television or radio -The only right to recourse of the victim is right to reply?
OOOK…
So, when Nell Mc Cafferty called Mary Harney an alcoholic live on the Tome Dunne show, she should only have had the right to reply? She got a well deserved payment of €450,000, which should put the payout from RTE into perspective for you.
You see Iona (as the good Christian group) also refused that the money would go to a charity. They also accused Rory of shutting down the debate when they refused a right to reply.
Also there were members of Iona who weren’t named and sued and got money too.
Also, I’m curious. Did Harney sue Cafferty aswell or just RTE?
Yes, I get your point Cpm – I agree with you to a degree, but I suppose what is diffierent here is that the aim of the Iona Institute is to promote traditional marriage and a conservative Catholic ethos in Irish society and law – for all, regardless of their religion, or lack of it.
Could one view the teaching of the Catholic church (and indeed Christian, Muslim, and other religions too) as being ‘homophobic’? Homophobia is defined by the Oxford dictionary online as “an extreme and irrational aversion to homosexuality and homosexual people.” I am sure most would say they do not hold an extreme or irrational aversion to individual homosexual people, on a personal basis. The traditional religions, and the Iona Institute certainly promotes an extreme, (as it applies to me) traditional, deny-rights-to-anything-other-than-the-traditional-approach to marriage, the family, and society. To me (and I’m obviously not a legal person) there seems to be a big difference between calling a person ‘X’, and saying that an organisation holds values that you feel to be ‘X’. Maybe others will disagree? I see the Iona Institute called for a ‘civil debate’….funny, that, when they did not use their right to reply, or to engage with the debate, and took the money instead.
” I agree with you to a degree, but I suppose what is diffierent here is that the aim of the Iona Institute is to promote traditional marriage and a conservative Catholic ethos in Irish society and law – for all, regardless of their religion, or lack of it.”
We can’t really have one law for one group of people, and one for others. Regardless of how despicable that individual, or group, is. That isn’t how our legal system works.
“We can’t really have one law for one group of people, and one for others. Regardless of how despicable that individual, or group, is. That isn’t how our legal system works.”
CPM I agree. I despise laws that favour one group of people, over another. The Irish state has, for too long, legislated for one group of people at the expense of the diversity of all.
I believe in legislation that allow for freedom of conscience depending on your own religion, rather than allowing the ethics of one, specific religion, to dictate the ethics for all in society. And by this I do not mean a ‘free for all’ on ethics, I mean a robust legislation that protects its citizens, but allows for personal beliefs within that system.
Er Helen… All of those religions are blatantly homophobic, as they dictate that rules from 3000 years ago literally apply to today. They have publicly available reference guides that recommend stoning gay, unmarried women who have children & victims of rape. Just because their followers are usually part of the more copped on part of society, doesn’t mean that the prejudice against those above is lifted. And horror cliques like Iona are their to remind them that these sections of society are different/immoral/evil. That is textbook homophobia/misogyny.
It’s by no means clear that a jury would have found this to be defamatory, rather than fair comment. RTE clearly settled for the conservative “make it all go away” option, rather than testing the limits of free speech – a decision plenty of people who agree with free speech and vigorous democracy.
But what it comes down to is that Iona are not willing to make the arguement as to why their views aren’t homophobic (gay people just want to ruin marriage? Come on now) and instead want to just shut down debate. That, frankly, doesn’t imply a lot of confidence in their arguement.
A lot of people are missing the point. No defamation occurred. The reason: Mr O’Neill clarified his understanding of the word homophobia to indicate reasonably how these may fall into that definition. He distinctly clarified this and offered a reasonable opinion based on his understanding of the term. That is not defamation.
“A lot of people are missing the point. No defamation occurred. The reason: Mr O’Neill clarified his understanding of the word homophobia to indicate reasonably how these may fall into that definition. He distinctly clarified this and offered a reasonable opinion based on his understanding of the term. That is not defamation.”
I doubt his opinion, or personal interpretation of a word, would carry much legal weight or exonerate his behaviour if it went before a court.
No, Cpm, the views of the Irish people deciding on the case would matter. Fingers crossed for you the jury would contain a majority of people who wouldn’t consider a statement such as “gays just want to destroy marriage” to be homophobic.
This is where you need to examine how a defense would work in these circumstances. In defamation law, only a false statement is actionable, therefore, the understanding and context with which he used the term is very crucial. Under his definition of the term, the statement is not false and therefore should not be actionable.
“Fingers crossed for you the jury would contain a majority of people who wouldn’t consider a statement such as “gays just want to destroy marriage” to be homophobic.”
You’re just being silly now. I’ve absolutely no personal interest in the case. I support gay marriage and detest homophobia, but I also don’t think people should be allowed make allegations like this live on air – regardless of who they are making them about. They’re completely unrelated matters, but you seem unable to separate them because you’re being carried away by your emotions.
Odd – as I’m the only one who has actually referenced the Defamation Act to make my point! But you and I certainly have different views about the role of national broadcasters and free speech. I believe debate should be encouraged until there’s a court order to stop it and you believe in a very restricted interaction.
That would include allowing the comments of John Waters, regardless of how I feel about them personally. And as I’ve said previously, we have no idea what RTE’s senior counsel said, but they certainly noted a case would be a lot of time and hassle, regardless of who won.
Dave – there’s no legal definition of homophobe. So the members of a potential jury would have to decide whether or not John Waters and Breda O’Brien qualified as homophobic. So it’s the word as popularly understood by the Irish people.
Counsel’s response was, according to this memo: “that the legal position was far from clear”.
So, they did not say “you’ll lose”, just that the outcome would be uncertain. Surely that’s what courts are for – to make a judgement when the position is unclear?
However RTE seem to have taken great leap from that opinion to: “such a defence is unlikely to succeed before a jury” Uncertain does NOT mean unlikely to succeed. It means uncertain, no more. Pretty much every case that goes into a court has an uncertain outcome.
If RTE have reached a position where unless they are certain to win they won’t bother defending the right to express opinions freely, then they have entirely abdicated their responsibility to providing a platform for opinion. And also left themselves open to vexatious complaints from people who hope that they will capitulate so easily again.
This has implications for everyone, for every contentious issue that comes up. It is not a small mistake.
“Pretty much every case that goes into a court has an uncertain outcome.” – great post, Katie.
That goes double, even triple for jury cases. Juries are, by definition, unpredictable. There will never be a perfect case to test the defence of honest opinion – so this one is as good as any, because it’s something which badly needs fleshing out by the courts.
Actually the Daily Mail used an ‘honest opinion’ defense in an action taken against them by Denis O’Brien last year in which the opinion based author suggested that O’Brien was a hypocrite. The jury ruled that it was the authors honest opinion but that it was not based in fact and not in the public interest. They awarded damages to Mr O’Brien. I would say neither of the latter too findings could be said in this case and I sincerely hope Mr O’Neill defends himself in court. I believe he would win and it would cause all of the accusers great embarrassment. Best of luck Panti!
The term “Gay Marriage” is itself Homophobic by defining the difference and therefore causes further separation and division. Equal Marriage rights for all would be the correct term.
What is annoying me is hat Iona are saying that they are being called homophobes just because of their opposition to gay marriage. Like that’s the only reason.
Not their opposition to civil partnership
Not their opposition to same sex parents adopting
Not their opposition to LGBT teachers in school
Joe, that’s why I prefer the term ‘Marriage Equality’ to both ‘Gay Marriage’ and ‘Same Sex Marriage’.
The latter two make it seem like we are fighting for a different type of marriage, when really, we are just fighting for equal rights with regards to marriage – marriage equality.
Joe. There will always remain small distinctions between same and opposite sex marriage. For instance in civil annulments the grounds for voidable marriages haven’t been applied to civil partnership annulments. Rules about impotence (used in a technical sense – I’m not trying to insult) don’t apply. Discovering that your spouse is gay is a grounds for annulment because it fundamentally changes the expectations of one spouse. (I took this from the Citizens’ Advice Bureau site.)
There’ll always be some situations in which a distinction needs to be made. When it does what would you find least offensive?
It would have been nice to see RTE challenge the complainants rather than succumb to their demands. They probably just thought that it would all just go away quietly, little did they know!!
Regardless RTE is ran using mostly public money. I know that gay people are not exempt from paying taxes or tv license fees and those who support gay equality aren’t either .How galling is it that our money was used in this way? Can they state that only money raised from advertising was used to fund this payment ? If they can’t then why in hell should those of us who support Panti fund this payout in any way?
I dont agree. RTE has had to pay out a lot in out of court damages in receny years, most recently to Fr. Reynolds. This case was fairly open and shut and they would have had to pay both sides legal costs and a higher damages figure. The total could easily have run into the 150 to 200 thousand euros ballpark. They made a prudent decision.
The result would be that the defence of honest opinion would be tested in court for the first time and its limitations and protections better understood. A good thing in a democracy.
And I don’t know which potential jurors Brendan’s been speaking to, but the opinions of most Irish people would mean that I doubt it’d be an open and shut case of defamation.
Incredible spin from RTE management. Iona would have had very little hope of winning that defamation case, especially after Iona declined a right of reply.
RTE had no choice but to pay out. They were advised they would probably lose.
Public organizations cannot take risks with public money.
People believe that RTE should have fought the case because they believe in marriage equality. That is a stupid position. RTE cannot take a position on marriage equality.
While I can see the point, I truly believe that if RTE had the strength of their convictions and believed in the right to free speech and their position in defending that, they should have fought the case in court, in public.
I for one would rather they went to court and lost and double the amount of my licence fee went to it than the amount that went from not even contesting the claims made by these individuals and their shady organisation.
The pragmatic thing to do, isn’t always the right thing to do.
” I truly believe that if RTE had the strength of their convictions and believed in the right to free speech and their position in defending that, they should have fought the case in court, in public.”
The right to freedom of speech does not include the right to defame.
You are just reinforcing my point re views on marriage equality. Just because you (rightly, IMO) believe in it and despise the IONA institute, it doesn’t follow that RTE should have defended the case.
RTE can only defend a case on the basis of the law and the legal advice they receive; principle should never come into it.
RTE were advised that they would probably lose – such a loss would have resulted in Water etc getting multiples of what RTE actually paid out – would you have been happier with that result?
Rte had no choice but to pay out, they were advised they would lose. HSE had no choice but to contend, they were advised they would win. Dept of education had no choice but to contend, they were advised they would win.
I think anyone using public money for legal advise is going to the wrong place, as for every Louise and Brid McCole, there is an Iona that gets the taxpayers favour.
Bob, you clearly disagree with most people on here, who believe that the principle protected should have been that of free speech and pushing the boundaries of vigorous debate and fair comment. Juries are, of course, unpredictable, but if the national broadcaster won’t take a case to about the limits of freedom of expression, who will?
“free speech and pushing the boundaries of vigorous debate and fair comment.”
Again, freedom of speech doesn’t include the right to defame, plus how is it “vigorous debate” or “fair comment” if the accused parties aren’t there to defend themselves.
But that’s the point, there was no judgement of defamation against them.
As has been noted here:
1. It was honest opinion
2. It was mentioned after clarification of a definition
3. There is a case to be made that the positions expressed by those named persons conform to THAT definition
I agree, they don’t have the right to defame. But that didn’t happen here (to a legal certainty at least) and it would have been in the public/license payers’ interest to ensure that this kind of speech is legally protected.
The “actual” definition aside, the definition ascribed by Rory O’Neill (both of which I feel Bo’B, JW, Iona fall under) is what’s up for debate, sadly RTE opted to do the (potentially) less costly thing.
As I’ve said before in other ways, just because it’s the (potentially) cheaper or pragmatic thing to do doesn’t mean that it’s the right thing to do. And in this instance, I believe that RTE did the wrong thing.
I think this is one part spin, one part damage control and one part a dig at Iona for going public last week.
And as odd as this sounds, we have to thank Iona for going public. It allowed papers and broadcasters to cover this in more detail in the last week than they were able to do in the previous 2 weeks. While the media won’t repeat Panti’s comments, they can easily cover what everyone has been saying about them now that Iona have confirmed there was a settlement and what it related to. it’s given politicians something concrete to raise in various parliaments, and the media can again cover those as well, as well as the online and worldwide reaction to Panti’s Noble Call speech in the Abbey.
Nick – it’s not RTE’s role to take cases about the limits of freedom of expression, especially ones that they have been advised they will probably lose.
You also seem to be blinded by the back story here. The fact that this is about marriage equality and the Iona institute is irrelevant.
I’d really recommend you read the Defamation Act of 2009 – You seem a bit unclear on – it the criteria for honest opinion does not require that the person the comments are regarding is present.
“As I’ve said before in other ways, just because it’s the (potentially) cheaper or pragmatic thing to do doesn’t mean that it’s the right thing to do.”
I agree
“And in this instance, I believe that RTE did the wrong thing.”
I disagree. I’d imagine any litigious solicitor would be chomping at the bit to take the case on behalf of the aggrieved.
RTE would have stood to lose millions. I’d imagine they have a perfectly capable, certainly more capable than any of us here discussing this, legal team advising them on the best course of action. Would you rather the Iona Institute, and others, get payments of hundreds of thousands, instead of tens of thousands, if the court had ruled in their favour?
Well, Bob, you have a minority opinion here that the RTE has no public obligation to test the limits of freedom of expression (and of course, it’s your opinion that they’d likely lose.) While you’re welcome to your opinion, in a democracy where the national broadcaster is directly supported by the people, there is an arguement that they have an obligation to listen to the will of the majority.
The fact that it’s about Iona is indeed irrelevant – this is about the defence of honest opinion, which has recently been introduced. We have no idea if the law is the problem if no one is willing to test it.
Actually, Cpm, we have just as much right to speculate as any legal expert as to what a jury would do. A jury isn’t made up of legal experts – it’s made up of common Irish people off the street.
Cynically and with big € signs in their eyes, solicitors would be queuing up the street to take this one on.
I’m not entirely sure where you’re getting the millions from, because the payment may have been less than the settlement, they may have lost or they may have have the decision over turned on appeal.
I’d rather the Iona Institute got nothing, but I would rather risk them getting more and standing up for our right to call a spade a spade than simply rolling over and any time someone doesn’t like a negative interpretation of their well publicised views.
Let’s be clear that the individuals named (esp JW) are on record with some highly questionable comments relating to homosexuality and SSM. This I feel is enough to warrant fighting the good fight.
Nick – please explain how my having a minority opinion on an internet forum is a relevant point? Cop on.
It’s not my opinion that RTE would likely lose – it’s the opinion of RTE’s lawyers.
Your argument that RTE has an obligation to support the majority opinion is shocking, I suggest you go away and think that one through for a minute or two.
RTE is supposed to be impartial – end of story.
RTE have been advised that they would probably lose – have you thought through what that actually means? Multiples of the payout to those wan#ers – would that be a better result for you?
Unless you are an RTE employer, you have no idea if they were advised they would likely lose. That’s speculation. The RTE legal team could have simply pointed out that juries are unpredictable (they are) and at a minimum, they would have had to pay an expensive retainer and devote a lot of time to the case. Depending on the decision making process at RTE, that could have been enough.
And no – I’m not going to apologise for the view that RTE is supposed to test the limits of free speech, particularly when the majority of people agree with the idea of a free press enforcing vigorous debate. Impartiality does not mean shutting down one side of the debate (as occurred) – it means letting people like John Waters claim that gay people hate marriage and it means letting Rory O’Neill discuss institutionalised homophobia. Until a court order disagrees.
” I’m not going to apologise for the view that RTE is supposed to test the limits of free speech”
They’re a TV station, not a civil rights organisation. Their mandate is to make cringe-worthy knock-offs of UK programmes, not test the limits of freedom of speech.
“In your opinion, Cpm. Some of us are a bit more idealistic about the role of the press in a democratic society.”
There’s no mention of freedom of speech in that document that I can see. And again, if there is, freedom of speech does not give anyone the right to defame others.
Anyway, I’ve work to do, and this discussion seems to be going around in circles, so I’m off.
Yes, indeed – you have entered this conversation with the preface that the statements were defamatory (without explaining why, with reference to the Defamation Act.) While that might be your opinion, a vast majority of the pools of potential jurors in a law would disagree. Your basic premise is arguable and really, since it would be a jury trial, no more or less valid than that of anyone else.
And fair enough, you simply believe in quite a limited freedom of expression.
Nick, I am open to correction on this so if I am wrong please let me know but this would be a civil action, not a criminal one and the civil courts in Ireland no longer have a jury, they rulings are made solely by a judge on facts of law.
Elizabeth, that’s generally true. Defamation is the exception. The idea is that since defamation depends so much on what “the man in the street” would view as defamatory, a jury trial is required.
I don’t. I see great things for the future of Ireland. Right now we have a legal situation that does not fit with the view of the majority. We have staff in a state broadcaster seeking explanation from their bosses for something they disagree with and something the wider population disagree with. People are standing up for equal rights.
The chunk of society riddled with the religious plague and intent on stripping the rights from their fellow citizens are floating on a lifeboat. These noises are the loud whistles of an era of shame. We are the younger population who will lead Ireland in the future. They will be drowned by a wave of equality. We will not mourn them.
Wishful thinking. Ireland should be much more socially developed at this stage. But due to our culture of cute hoorness and paddywhacking devotion to the catholic church, we are f00ked for many many decades to come.
Morgan, I sincerely hope you are right. I am not quite as optimistic as you are and fear that there are far more latent bigots than people think, and it may emerge in the privacy and anonymity of ballot box.
I do think there is a majority that want equality in society, but a large focus of the campaign should be getting those people off their backsides and voting at the ballot.
Morgan, unfortunately they do exist when they impinge on the rights of others. Many of them seem to think that they so on top of their perfect lives that they need to correct others of the errors of their ways.
What a mess. Blunder after blunder. This makes me regret my television licence fees even more. RTE obviously tried to throw money at an uncomfortable situation in hope it would go away. Well …. that bit THEM in the bum.
What happened is hardly explainable to the whole world out there. Censorship first and then money… Sad day for Ireland, taking one step forward and two back.
Would like some of this payout myself. It was insulting to heterosexual people to be called homophobes from the stage of the abbey. I am not a homophobe and feel insulted that I should be called one. All I got from the Panti speech is that he hates himself and is trying to make everyone else hate themselves too!
Neil, it may surprise you, but we don’t all rely on YouTube for our information. I happened to be at the Abbey on the night that the speech was made. And even if I wasn’t, do you feel that you achieve something by not watching the source of the information so that you can have an opinion? If ignorance is your bliss, then so be it. Enjoy.
“All I got from the Panti speech….” maybe actually listen to what he said the next time, – that’s not what he was saying at all. You are easily “insulted” if you were insulted by that, ….dry your eyes and stop trying to feign being a victim. All this victim complex that heterosexual people seem to fabricating is quite frankily pathetic, and I say that as a hetero myself.
Panti was speaking about how it makes her/him feel. We enjoy the freedom of speech although the BIBLE BELT is still fastened hard enuf for some people to manipulate what homophobia is in this country.
Sorry, I should qualify the above by saying “certain stratas of heterosexual people”, – in fairness I think there is an emerging majority in this country that don’t share that view.
1. The payment was by RTE. Not an individual, so you get zip
2. You weren’t named so were not defamed
3. There were gay people in that audience, this was not an attack on heterosexuals
4. The play was over, you could have left
Alan, thanks for the usual response of turning on anyone who has an opinion which may even mildly offend you. Labeling everyone as a homophobe, even Panti himself admits to being one, does nobody any favours. Hating yourself and repeatedly stating this also has a negative effect. I am a heterosexual man, but if I go out dressed in drag today, or if I go out dressed as a school boy or in a Barney the dinosaur outfit, then this will attract abuse. This is because it isn’t seen as what society deems as normal. This will never change no matter how many campaigners you have fighting for it.
Sean, I take your points on board and as I’m rushed for time will just reply to the final one. Do you really feel that by turning your back on the source of information ie. Panti, that this will achieve anything? Do you feel that by ignoring what is said will make it go away? Do you like to bury your head in the sand?
Do you refuse to accept the point that maybe some small part of your attitude or societal upbringing results in your being homophobic on at least some level? I mean you felt the need above to stress that you are a heterosexual – why did you feel that necessary? Only heterosexuals can be homophobic? Panti herself admitted she was homophobic to her ‘overly’ gay friend on the train. If you listened to the message, instead of concentrating on the one thing you (had to work at) to take offence at then maybe you would see she called the whole of society a homophobe – which includes you and I and everyone else, not just the few hundred sat in front of her at the Abbey.
Neil, maybe you should take your own advice and “listen to the message”. I stated in my comment that Panti admits to being a little homophobic and then you pull me up for saying it’s purely a heterosexual thing. I have no problem with homosexuals, I will be voting in favour of same sex marriage and I have lots of gay friends. When I state I am a heterosexual it is no different to Panti stating that he’s gay, merely for clarification purposes. I feel that by labeling everyone a homophobe, it is diluting the problem and won’t achieve the goal of cutting out the vicious hate filled homophobic people from society. That’s my opinion, if people want to turn on me for having one, then I feel the battle is lost before it is even fought.
Tom, it doesn’t offend me at all, you are free to say whatever you want. At no point did I say that I wa even “even mildly offended” as you put it (not I).
Just because I was forthright doesn’t mean i was taking offence. Did you even read my post? it was actually taking issue with people getting all offended and playing the victim. You could have just said “No that isn’t homophobic in my view it is too narrow a definition etc.” (though I might disagree), but no instead you go straight to being insulated by how Panti apparently “wants you” to hate yourself.
I never said I was offended, I think that was you.
Nope, I don’t think turning our backs on someone saying something so eloquently and personal helps move things forward. But I think that if you’re going to play that card, you also need to look at what the individual was trying to say, while taking it in context of how personal it feels.
Also, in reference to the drag thing, I’m relatively sure the point was that he wasn’t in drag, because he had to “check [himself] to see what gave the gay away” and while drag isn’t exclusively something participated in by homosexuals, I dare say it’s a safe enough bet.
The point is that as a gay man wearing jeans and a shirt, at a pedestrian crossing, he’s looked up and down and judged. Whatever about Barney costumes, drag or anything else, but that surely isn’t deserving of peoples’ judgement?
So the aggrieved people were acting within the law of the land, and justice was done! But those who supported those who were breaking the law jump up and down! Bring out the tissues! Lots of boxes needed!
I wasn’t offended by it. If anything it made me look at the way I engage with homosexuals, I always thought I was pretty liberal – I really don’t care if someone is gay – but there’s a couple of things she spoke about that I had never even considered – it gave me cause to pause and reflect.
Which – as far as I can tell, was the point. Sorry you seem to have missed it.
I understand the payment to an individual that may have been defamed but don’t think you can defame an organisation in the same way,
did I miss something?
Joe: you can defame a group as well as individuals.
For example, let’s say I said – with no facts to back it up – that gay people don’t really *want to get married but just want to cynically destroy the institution of marriage instead: that could well be considered defamatory of all gay people, and any gay person could then claim to be defamed by my comments.
In fact, that would probably be a lot more defamatory than defining as homophobic the comments of a single person that deny equal treatment to certain people based on their homosexuality and thus fit the legitimate definition of homophobia.
I think Iona have shot themselves in the foot in their decison to cry foul over Panti’s comments. Now that they have a name for themselves for going crying to their lawyers at the first mention of the H word it makes you wonder if going forward will any media outlet risk having them in a debate on same sex marriage. Debates by their nature can get heated, things can be said and the last thing any other tv or radio station want is legal aggro. Hopefully their actions have been the first step in their demise.
Maggie, the attitudes of the Iona Institute, John Waters and a couple of others have done more to further the cause of same-sex marriage than any amount of discussion one could imagine. Although the polls show a large majority were in favour of gay marriage before Iona’s help I would suggest their disgusting actions lately have added at least another 5% to that majority.
I would have thought they would have got John Waters & Iona to come out (pardon the pun) publicly and state on oath that they’re not homophobic before admitting they were defamed & paying them.
So this is John Waters SECOND time suing for defamation and getting a large settlement.
Apparently they were meant to reform the Irish Law of defamation but it clearly hasn’t happened and this man has received more money for comments that are in many opinions, true.
So MAYBE, a call for referendum in this matter may not be a bad idea either… if only to stop funding John Water’s ski-trips…
So the Irish taxpayers who support RTE with their licence fee have no say whatever where freedom of speech is concerned, even if someone is telling the truth, John Waters who gets a lot of air time on RTE and the Iona institute certainly wont be on my mailing list next christmas.
I am sick of this ‘phony’ debate. Panti is entitled to his opinion. So is John Waters. I can’t speak about the others as I have never heard of them. Neither had I heard of Panti before he appeared on The Saturday Night show. The decision to pay compensation was made, I assume, as Panti labelled others as homophobes because they hold opposing views to his position. If it were the other way ’round and Panti was labelled as something or other I expect he would have also have been compensated.
Brída, for that to happen Panti would have had to behave as badly as the Iownya “Institute”, throwing his toys out of the pram and threatening legal action. I don’t think anyone could behave as badly as they have.
The problem Brida isn’t that they take an opposing view.
The problem is that they take a discriminatory view, labelling people as “less than”, “unworthy of marriage”, that their marriage is “a sort of parody”, tell them that they would be, as a couple, unfit parents, based solely that they both keep their sexual organs in the same place.
THAT is the reason that Rory O’Neill branded them homophobic and THAT is why he was within reason to do so, because the views they express and push (with disproportionate air time) are in fact, homophobic.
But Panti isn’t entitled to her opinion as her opinion was considered by RTÉ to be defamatory, i.e. RTÉ felt (rightly or wrongly) that the defence of “fair comment” did not stand up in this instance.
Panti wasn’t belligerent. He defined homophobia as a kind of low level, hum-drum prejudice that we all have to recognise within ourselves and combat. Unfortunately for Rory (as he was on the night) in the general public ‘homophobia’ is a word that operates at DEFCON 5, a mortaller rather than a venial.
In his bubble (and we all live in bubbles) he uses the word more casually than the general public.
If the likes of O’Brien want to take up this sword and live by it, they should be prepared to (metaphorically) die by it.
They’ve taken legal action on the basis of the idea that making comments about a group, if negative and critical, no matter if fair or valid, should be taken as defamatory of notable and prominent members of that group.
But that sort of thing is their *bread and butter*. How often does some of those who received payouts ascribe terrible criticism to whole groups of people under the protection of ‘naming no names’? How often do they accuse unnamed equal rights advocates of being anti-Catholic bigots, or about the honesty and political impartiality of the scientific community?
So, it seems to me, that the only sensible response to this farcical behaviour by RTE; the only way to combat these people’s presumably believing they’ve found a formula for crushing dissent is to see how *they* like it. There’s no reason I see why they shouldn’t be crushed under the weight of threatening letters every time Ireland opens its paper of a morning and sees their latest venting.
I wouldn’t, in fact, like to see Ireland go such a litigious route. But it may send the message to cut out such nonsensical legal threats on their side of the debate.
If don’t think it’s a simple matter of ‘we want the money because we like it’; it’s worse than that. A precedent has been set now that the press will be afraid of severe financial implications should allegations of a similar nature arise. If they were to accept the ‘right of reply’ then the impact of this silencing effect would not have been as strong. But now many mainstream media outlets are scared stiff.
I wait and see whether this comment will be deleted or not and if it is, then I think my point has been proven.
Just to clarify the precedent issue, just because RTE settled this action does no mean a precedent has been set. It is still open for any media or organisation to take a similar case to court to test the law in this regard without fear that this settlement would be used as a case to rule against them. As a tax payer and a tv licence holder I personally would have preferred it if RTE had gone down the legal route.
I don’t mean a precedent being set in the legal sense but rather that the individuals involved have demonstrated that they will seek damages (rather than a right to reply) in the event of even the remotest possibility of defamation and therefore will do so in the future. So newspapers and other press sources will be exceptionally careful from now on.
And I agree; I’d have rather RTÉ go down the legal route too.
Not necessarily, as a precedent has not been set, someone else might look at the amount of controversy this debate has caused and may decide it is worth their while to challenge it. (who knows, after the backlash they received RTE might just be such a crusader [pardon the pun] should such an incident arise with them again).
Best way then not to risk this is not to have them on your shows!!! There is no obligation to invite them on to comment. They represent nobody; their views are clearly an extreme minority. Don’t invite them to comment. Why should they have the right to comment any more than I have???
That’s all well and good Miss Filed, but it’s not Iona that get complained about (unfortunately) it’s Iona who do the complaining, so they get to sit at home feverishly watching for anything they can take legal action over..
It’s so frustrating.. The best way to see through an argument is to look at what is being said and whether or not it is fallacious, but fallacious arguments are usually really persuasive – because they appeal to the less logical and more emotional side of ourselves. And as most people don’t get taught about fallacies – they see them as perfectly sound and reasonable arguments..
To this end the homophobic people a little more skilled in PR are very careful to avoid coming outright and saying anything negative about gay people – instead, they focus on the appeals to tradition of the “it’s always been this way”, the hasty generalisation of “children must have their mother and father” – which, despite their not coming out and saying it, implies that somehow gay people shouldn’t be trusted with raising kids – which boils down to – why? What is it about gay people that would make them less deserving or worthy of marriage and family? What’s at the root of this belief?
Not homophobia by any chance, no?
Panti speech = illogical, absurd and devoid of sound reasoning. ‘Everyone in Ireland is a homophobe because I say so but I’m one too so it’s OK I can sprout off any bigoted nonsense.The irony is How incredibly bigoted, narrow minded and judgmental can you get when someone calls an ENTIRE nation homophobes?? Worse gets a plaudits for a great speech!!. Christ with that nonsensical logic you could have a guy say on stage everyone in Ireland is racist but it’s OK I’m one too and thus allows me to judge you call and tar a nation.
The mind boggles!!
Finally a bit of cop-on. I was completely confused as to the point he/she was making. Then to have all these stupid liberals fawning all over him as if he was some demigod. He sounds like a confused drag queen to me.
you are a perfect example of what Panti was talking about – another bigot playing the victim card.
pat yourself on the back there – you just proved panti right
So he is not perfect and he has expressed a point of view that is not really offensive to anybody… get over it! It’s OK to give a point of view – the Ionas do it too! However, to threaten legal action in the way they did, and their cold and clinical recourse to this tactic is more worrying as it shuts down debate and seeks to bend broadcasters and society to their will… Anybody can see from Panti’s speech that he is trying to be open and inclusive by admitting he has his own small amount of fear of gayness (brought about by society’s disapproval), so that through that fear of being judged and hated he even betrays himself, and his point that society in general has a fearful view of gay people (because of fear of difference) seems likely to be true. It was a sweet and emotionally open speech that could not offend anybody unless they were determined to be offended…
When he said that we are all homophobic he is referring to the fact that up until 1993 in this country you could be criminally charged for being gay.
We have all (except a small minority) been educated in catholic schools where homosexuality was frowned upon or outright condemned. We have all grown up using the word “gay” as a derogatory term, same goes for “faggot”. We all have thought something discriminatory about gay people – the question is – did we all have the self awareness to recognise it as discrimination?
Obviously there are some who don’t. They continue to push their fallacious arguments against equality and then cry foul when someone labels their comments for what they are – irrational opposition to equality for gay people.
We are all prone to discrimination as a result of the social conditioning we have received – that was his point.. Pity you got hung up and defensive and stopped listening.
Can anyone explain to me as to why RTE have to make the payout for defamation made by a third party? Surely if the Iona institute etc take offence to what was said they take offence from the person that said it? RTE was just the medium through which it was said.. Surely if they had censored him they would have been censoring his right to free speech? Sorry, I’m not being stupid here but I’m just confused over why the middle man has to make the payout.. If Brendan o Connor had said it then obviously but a guest on his show? This tells me that our laws are outdated..
Who ‘s asraid of the bad wolf? RTE is!
So the Iona Ins. gets a lob from RTE via our licences and all is good. No heads roll and the RC nazis are wealthier to publish their “truth”. What a cosy little world our elites live in.
The Irish Times has for many years, since at least the editorship of the great Douglas Gageby, the father of the present Chief Justice, Susan Denham, been Ireland’s most liberal and tolerant newspaper. I have therefore been very surprised that in recent years it has published regular columns by people such as Breda O Brien and John Waters. The Irish Times, unlike RTE, is not obliged to give equal space to the views of people with different views. I can only conclude that The Irish Times publishes such columnists in an attempt to boost its circulation figures by attracting readers from rival newspapers such as the traditionally more conservative and Catholic Irish Independent or The Irish Examiner.
I wonder which Senior Counsel gave the legal advice to the management of RTE which lead RTE to pay €80,000 to members or supporters of “The Iona Institute”. Was that Senior Counsel a supporter of ” The Iona Institute”, the Knights of St Columbanus, Opus Dei or simply someone who dies not believe in gay equality or freedom of speech ?
Based on your absolute lack of posting on the matter, and single derogatory comment (which oh lord, that might actually BE defamation!) I have zero idea if you have the tiniest concept of what it means.
That’s essentially the same nonsense people gave in school with the kid trying to be big and smart “Well if you don’t know, I’m not going to tell you”.
I’ve given my opinions on why I do not believe it was right to pay out, I didn’t say it wasn’t defamatory, I said it’s possible that it was not and it is in the public interest and the responsibility of RTE to find out through the courts.
Anyone with half a brain cell should be able to see that every argument against equality for LGBT members of society is based in fallacy and therefore irrational.
Homophobia being an irrational aversion to homosexuality, this would qualify the comments as homophobic, they lack logic, and they oppose homosexual equality.
There’s the honest opinion, using logic, reason and grammar.
homophobia: an extreme and irrational aversion to homosexuality and homosexual people.
aversion: a strong dislike or disinclination
disinclination: a reluctance or lack of enthusiasm
To make it stick it needs to be
1) extreme
2) irrational
3) show ‘strong dislike’ or a ‘(strong?) reluctance or lack of enthusiasm’ (for/towards…)
4) the Oxford English Dictionary must be always right.
Re2) Iona use a logic you may not agree with – but your opinion doesn’t make it lack a logical structure.
Re1) Iona don’t sit on the extreme end of the spectrum – there’s a lot more extreme out there and as a matter of prudence you should encourage the extremes to move towards the centre and not slap down those that try thereby leaving the debate to the mouth-frothing.
Re3) I don’t get any sense of dislike from Iona. You may have them on lack of enthusiasm.
Re4) OED is not the only definition of the word
Iona use a logic you don’t agree with..
Too right, they commit logical fallacies all over the place, appealing to tradition and nature, red herrings, etc.
If it is fallacious it is devoid of logic. Therefore – irrational.
They go to great lengths not to mention homosexuals too much and focus on what they say they wish to protect (exactly like people did when women wanted to vote and black people wanted to sit anywhere on the bus). By painting things as “normal” or “natural” they imply that homosexuality is “abnormal” and “unnatural”, by campaigning to have people discriminated against – they show discrimination.
If they were campaigning against allowing equal rights for women or indeed black people they would be called something with an “ist” at the end of it. So if you prefer Homoist, you can take it. But their opinions appear to be borne out of a fear of a threat to their ideals. So homophobia sticks.
Do RTE intend to promptly recoup the payout from the artist in question, or do RTE expect television licence bearers to foot the bill, without a murmur?
It was the editors or producers of the show who were to blame. They could of edited the comments out. The guests can say whatever they want. They’re invited on.
Eh, these Iona group glorify the Catholic Church and the ground they walk on.. Where have they been through all the scandals? Why do they assume that the natural way is for children to have a mother and a father in their life.. Oh and of course a priest to guide them through their spiritual path.. That’s worked out for plenty of children in the past..
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