Coughlan v. Broadcasting Complaints Commission [1998] IEHC 62; [2000] 3 IR 1 (24th April, 1998)

R.T.E.'s allocation of uncontested broadcasting time during the 1995 Divorce Referendum was significantly unequal, amounting to unconstitutional unfairness. The Broadcasting Complaints Commission misapplied the Constitution and laws, thereby exceeding its jurisdiction.

Citation: [2000] 3 IR 1
Parties: Applicant: Anthony Coughlan; Respondent: Broadcasting Complaints Commission; Interested Party: Radio Telefis Eireann (R.T.E.)
Jurisdiction: Ireland
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application granted
Legal Topics: Referendum Broadcasting, Equality Before the Law, Fair Procedures, Statutory Interpretation

Constitutional Law Administrative Law Media Law Referendum Broadcasting Equality Before the Law Fair Procedures Statutory Interpretation

Case Brief

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Parties

Anthony Coughlan

Applicant

Broadcasting Complaints Commission

Respondent

Radio Telefis Eireann (R.T.E.)

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether R.T.E.'s allocation of uncontested broadcasting time during the 1995 Divorce Referendum was constitutionally unfair
2 Whether the Broadcasting Complaints Commission misapplied the law and exceeded its jurisdiction

Ratio Decidendi

Court Disposition

Application granted

Orders

Declaration that allocation of uncontested broadcasting time during the 1995 Divorce Referendum was constitutionally unfair
Order of Certiorari quashing the Broadcasting Complaints Commission's adjudication