Murphy v. Independent Radio and Television Commission [1997] IEHC 71; [1999] 1 IR 12; [1997] 2 ILRM 467 (25th April, 1997)

Murphy v. Independent Radio and Television Commission [1997] IEHC 71; [1999] 1 IR 12; [1997] 2 ILRM 467 (25th April, 1997)

Section 10(3) of the Radio and Television Act, 1988 is not unconstitutional; the restriction on religious advertising is a reasonable limitation in the public interest on the right to communicate and does not infringe constitutional rights under Articles 40 or 44.

Citation
[1997] IEHC 71
Parties
Applicant: Irish Faith Centre; First Named Respondent: Independent Radio and Television Commission
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for Judicial Review refused
Legal Topics
Freedom of Expression, Religious Advertising, Broadcast Regulation, Proportionality, Licensing of Broadcasting
Constitutional Law Media Law Administrative Law Freedom of Expression Religious Advertising Broadcast Regulation Proportionality Licensing of Broadcasting

Case Brief

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Parties

Irish Faith Centre

Applicant

Independent Radio and Television Commission

First Named Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the refusal to broadcast a religious advertisement infringed Section 10(3) of the Radio and Television Act, 1988
  2. 2 Whether Section 10(3) of the 1988 Act is unconstitutional having regard to Articles 40 and 44 of the Constitution

Ratio Decidendi

Section 10(3) of the Radio and Television Act, 1988 is not unconstitutional; the restriction on religious advertising is a reasonable limitation in the public interest on the right to communicate and does not infringe constitutional rights under Articles 40 or 44.

Court Disposition

Application for Judicial Review refused

Orders

  • Refusal to permit broadcast of the religious advertisement upheld
  • Section 10(3) of the Radio and Television Act, 1988 declared constitutional