The Broadcasting Commission of Ireland (BCI) and RTÉ have differed in their interpretation of legislation governing the broadcasting of a Trócaire advertisement with a perceived political end.
The BCI yesterday instructed all commercial broadcasters, including Today FM and TV3, to cease broadcasting the Trócaire advert which is being run as part of its Lenten campaign. However, RTÉ has no plans to "pull" the campaign.
The television and radio advertisement campaign highlights the difficulties female babies will face in life. It also includes a section encouraging members of the public to access the charity's website to donate online or order a Trócaire box.
The website in turn asks individuals to participate in the campaign for gender equality by signing a petition lobbying the Irish Government to enact a specific UN resolution on the issue.
The BCI said yesterday that, in reaching its decision, it had taken this specific aspect of the campaign into consideration.
"Following detailed consideration...it is the commission's initial view that the advertisement is contrary to Section 10(3) of the Radio and Television Act, 1988, which prohibits advertising directed towards a political end."
However, Peter Feeney, head of public affairs with RTÉ, said its copy clearance committee, comprising senior managers at the national broadcaster, had considered the advertisement in recent weeks and was not proposing to "pull" it.
"RTÉ's view is that we define political ends quite tightly....We would feel this Trócaire advertisement is much more general in nature," the spokesman said. "We also try to draw a distinction between national campaigns and international campaigns."
RTÉ is not currently subject to the BCI's rulings. However, the draft heads of a Bill for a "single content" regulator covering all broadcasters, including RTÉ, which will be known as the Broadcasting Authority of Ireland, was published last autumn and is currently at committee stage.
Describing the BCI's interpretation of the legislation as "very strict", Justin Kilcullen, director of Trócaire, told The Irish Times yesterday that the charity was "surprised and disappointed" that the BCI had pulled the advertisement "on a technicality".
He said Trócaire's Lenten campaign was its "major fundraising campaign" of the year, raising €12 million last year. "Advertising is a big part of this; if our income is down it means we may not have as much money to fund the projects we support."
Trócaire plans to raise its concerns with the BCI today.
According to the BCI, the commission considered the script for the advertising campaign at the request of Today FM. A spokeswoman said the BCI has invited the views of Today FM and the advertising agency placing the advertisement. Once these are received, a final decision would be taken on the matter.