Pro- and anti-Nice Treaty activists have been prevented from placing treaty-related advertisements on local and national radio due to a ban on political advertising under the Radio and Television Act.
The ban has been criticised by Mr Brian Flanagan, a Donegal businessman who set up a website encouraging a No vote.
He tried to advertise his website on the local Highland Radio station but was prevented because of the regulation.
Under Section 10.3 of the Radio and Television Act 1988, radio and television stations cannot accept advertisements with a religious or political dimension.
According to an IRTC spokesman, an exception was made for advertisements from the Referendum Commission because they were providing a public information service and were a neutral voice.
Section 65 of the new broadcasting act due to be introduced soon will allow some advertising with a religious content but the ban on political advertising remains.
Mr Flanagan said it was extraordinary that ordinary citizens were denied access to airwaves on issues such as the Nice Treaty.
He said most people did not know what was involved in the Nice Treaty, and the Referendum Commission was failing to provide the basic facts. Mr Flanagan said he took three weeks off his employment to establish the website (www.nicetreatyonline.com) but was now prevented from publicising it on local radio.
"The Referendum Commission says it can provide arguments for and against the treaty but why are we not allowed to advertise directly or speak freely on the issue? I can advertise furniture but I can't provide information on an issue of such overriding significance. It doesn't make sense," Mr Flanagan added.
