The Gazette 1985

GAZETTE

MARCH 1985

Regulation of the Media:

Irish and European Community

Dimensions

Eamonn G. Hall, Solicitor

and

Patrick J.C. McGovern, Solicitor

HE "term "media" has been described as being

"unattractive and vague"

. However, for our

purposes, the term "media" can be conveniently limited

to broadcasting — radio, television and cable.

The present decade and the final decade of this century

will witness several technological revolutions. One such

revolution will involve the technology of information.

Telecommunications satellites, optical-fibre cables and

microelectronics will be instrumental in the technological

revolution. Telecommunications satellites will increase

the capacity and improve the quality of radio, television,

facsimile and telephone transmissions. Services such as

direct television broadcasting, electronic mail and

teleconferencing will be offered via telecommunications

satellites. Optical-fibre cables will be used for the

transmission and distribution of programmes. Television

receivers and video-recorders will be further developed.

Problems will arise from a "surfeit of technology rather

than its inadequacy"

. L.S. Stavrianos has pointed out

that

"the Roman Empire was hobbled by technological

stagnation, but the problem facing the world today

is the exact opposite; how to make rational and

humane use of a powerful and proliferating

technology"

The World Administrative Radio Conference of the

International Telecommunications Union held in Geneva

in 1977 adopted rules for Europe, Africa and Asia

concerning the allocation of frequencies and orbital

positions for geostationary direct broadcasting satellites.

Most countries in Europe are being authorised to use up

to five television channels each. Although the 1977

Conference allocated frequencies and orbital positions on

a national basis, there will be an inevitable "overspill"

where the satellite transmissions will be capable of being

received beyond the boundaries of the target area.

Following the 1977 decision, Ireland shares the orbital

position of 31° west with the United Kingdom, Spain,

Portugal and Iceland. Thus, any Irish satellite will have

access to an extensive market. A direct broadcasting

satellite remains in a circular orbit some 36,000

kilometres above the Equator. It will pick up signals

beamed from a ground station and relay them back to

earth once the technically necessary conversion and

amplification processes have been completed. With the

aid of a special aerial some 90cm in diameter and certain

electronic apparatus, the signals relayed from the satellite

can be received directly by individual viewers

The Irish Government have sought proposals for the

provision of an Irish satellite network and an Irish direct

broadcasting satellite service preferably with some

t e l e c ommun i ca t i ons capacity

. National and

international consortia have submitted proposals for the

new service. To date no decision has been publicly made

by the Government in the matter.

Experts consider that by the end of the eighties

European countries would, on average, have 30 cable

television channels, 3 television channels for direct

broadcasting by satellite (DBS) and three traditional

television channels. There could be 10 hours of

transmissions a day on each channel. The new technology

will bring the era of universal accessibility closer. Legal

problems will then arise which have not been encountered

before.

Broadcasting in Ireland

General

Article 40.6.1° of the Constitution provides that the

State guarantees liberty for the exercise, subject to public

order and morality, of the right of citizens to express

freely their convictions and opinions. Article 40.6.1.° i.

specifically states that

". .. the State shall endeavour to ensure that organs

of public opinion, such as the radio, the press, the

cinema, while preserving their rightful liberty of

expression including criticism of Government

policy, shall not be used to undermine public order

or morality or the authority of the State".

The publication or utterance of blasphemous, seditious

or indecent matter is declared to be an offence in Art.

40.6.1.° i. of the Constitution, and to be punishable in

accordance with law.

The Supreme Court in

The State (Lynch)

-v-

Coonev

noted that Article 40.6.1° enabled the State, in certain

circumstances, to control the rights of freedom of

expression and free speech. O'Higgins C. J., delivering the

judgment of the Court, observed:

"The basis of any attempt at control must be,

according to the Constitution, the overriding

considerations of public order and public morality.

The constitutional provision in question refers to