An anti-abortion advertisement sponsored by Youth Defence had a political end, and the Independent Radio and Television Commission (IRTC) was correct in refusing to allow it to be broadcast on local radio stations, the High Court ruled yesterday.
Mr Justice O'Sullivan said the advertisement was closely bound with the political objectives of Youth Defence. It would be unrealistic "to shut one's eyes to these objectives and construe the advertisement out of context and severed from its background".
He said that in June 1996 Youth Defence began organising Project Truth which included a 30-second radio advertisement relating to abortion. The IRTC prohibited several local radio stations from broadcasting the advertisement.
He said the issues connected with the several constitutional amendments dealing with abortion had been rightly described as "deeply divisive of our people and capable of stirring up powerfully-felt emotions on either side". Those emotions and the arguments on either side were not easily forgotten.
Changing the law or adapting it remained a live issue on the political agenda, not least because the Supreme Court had indicated such a change must be brought about.
In that context, a powerful advertisement directed against the evil of abortion and proclaiming itself to be sponsored by a group clearly identified with a campaign for a new referendum and a change in the law was itself inextricably bound up with this project of bringing about a change in the law.
He said the IRTC was correct in coming to the view that the advertisement was directed towards a political end.
Youth Defence said yesterday it would appeal the decision. Its spokesman, Mr Justin Barrett, said the radio advertisements, planned for next month, were part of a campaign which included billboards. "The 30-second radio advertisement went through the development of life. It was designed to dissuade Irish women from going to England for abortions. It was not to any political end and was purely informative and factual."
He said that in appealing the decision to the Supreme Court Youth Defence would also be asking if the Government was refusing Irish women the chance to hear the facts of the development of life.