Colgan v. Independent Radio and Television Commission [1998] IEHC 117; [2000] 2 IR 490; [1999] 1 ILRM 22 (20th July, 1998)

Colgan v. Independent Radio and Television Commission [1998] IEHC 117; [2000] 2 IR 490; [1999] 1 ILRM 22 (20th July, 1998)

The advertisement was correctly characterised as having a political end under Section 10(3) of the Radio and Television Act, 1988, as it was closely bound up with the political objectives of Youth Defence to change abortion law. The prohibition was lawful, proportionate, and not unconstitutional, as the restriction on paid political advertising is minimal and justified by the common good.

Citation
[1998] IEHC 117
Parties
Applicant: Mr Colgan; First Respondent: Independent Radio and Television Commission; Second Respondent: Minister for Communications; Third Respondent: Department of Arts, Culture and the Gaeltacht
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Freedom of Expression, Broadcast Advertising, Statutory Interpretation, Proportionality, Judicial Review
Constitutional Law Administrative Law Media Law Freedom of Expression Broadcast Advertising Statutory Interpretation Proportionality Judicial Review

Case Brief

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Parties

Mr Colgan

Applicant

Independent Radio and Television Commission

First Respondent

Minister for Communications

Second Respondent

Department of Arts, Culture and the Gaeltacht

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the prohibition of the advertisement under Section 10(3) of the Radio and Television Act, 1988 was lawful
  2. 2 Whether Section 10(3) is unconstitutional as an infringement of freedom of expression
  3. 3 Whether the advertisement had a 'political end' within the meaning of the Act

Ratio Decidendi

The advertisement was correctly characterised as having a political end under Section 10(3) of the Radio and Television Act, 1988, as it was closely bound up with the political objectives of Youth Defence to change abortion law. The prohibition was lawful, proportionate, and not unconstitutional, as the restriction on paid political advertising is minimal and justified by the common good.

Court Disposition

Application dismissed

Orders

  • No declaration of unconstitutionality granted
  • Section 10(3) of the Radio and Television Act, 1988 upheld