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, which prohibits religious advertising on radio, is not unconstitutional as it represents a reasonable restriction in the public interest on the right to communicate, and does not infringe the constitutional rights to freedom of expression, freedom of conscience, or non-discrimination. The refusal to broadcast the applicant's advertisement was lawful.

Citation
[1997] 2 ILRM 467
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, Broadcasting Regulation, Proportionality, Licensing of Broadcasting
Constitutional Law Media Law Administrative Law Freedom of Expression Religious Advertising Broadcasting 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 refusal to broadcast a religious advertisement infringes Section 10(3) of the Radio and Television Act, 1988
  2. 2 Whether Section 10(3) is unconstitutional under Articles 40 and 44 of the Constitution

Ratio Decidendi

Section 10(3) of the Radio and Television Act, 1988, which prohibits religious advertising on radio, is not unconstitutional as it represents a reasonable restriction in the public interest on the right to communicate, and does not infringe the constitutional rights to freedom of expression, freedom of conscience, or non-discrimination. The refusal to broadcast the applicant's advertisement was lawful.

Court Disposition

Application for Judicial Review refused

Orders

  • Refusal to quash the decision of the Independent Radio and Television Commission
  • Declaration that Section 10(3) of the Radio and Television Act, 1988 is not unconstitutional