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 prohibited as it had a political end within the meaning of Section 10(3) of the Radio and Television Act, 1988, which includes objects to change government policy or law. The statutory restriction is proportionate and constitutional, and the presumption of constitutionality was not rebutted.

Citation
[1999] 1 ILRM 22
Parties
Applicant: Mr Colgan; First Respondent: Independent Radio and Television Commission; Second Respondent: Department of Arts, Culture and the Gaeltacht; Third Respondent: Minister for Communications
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Freedom of Expression, Broadcast Advertising, Statutory Interpretation, Proportionality, Constitutionality
Administrative Law Constitutional Law Media Law Freedom of Expression Broadcast Advertising Statutory Interpretation Proportionality Constitutionality

Case Brief

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Parties

Mr Colgan

Applicant

Independent Radio and Television Commission

First Respondent

Department of Arts, Culture and the Gaeltacht

Second Respondent

Minister for Communications

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

Ratio Decidendi

The advertisement was correctly prohibited as it had a political end within the meaning of Section 10(3) of the Radio and Television Act, 1988, which includes objects to change government policy or law. The statutory restriction is proportionate and constitutional, and the presumption of constitutionality was not rebutted.

Court Disposition

Application dismissed

Orders

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