Sir, Several politicians expressed concern, following the Amsterdam referendum, about the democratising effect of the McKenna and Coughlan judgments.
As far as the latter judgment is concerned, they need have little fear. Mr Justice Carney stated, in the Coughlan case, that he wanted his judgment to be "as narrowly based as possible". He referred to a previous decision of his, the tenor of which was that, in relation to broadcasting decisions, RTE had greater expertise than the High Court, and should not be lightly interfered with.
However, it is the general public, according to Conor Cruise O'Brien, who exercise "ultimate and paramount" control over the media. The courts must be regarded as amongst the very few means by which this control can be exercised.
When it comes to the most powerful media player of all, RTE, it is not at all reassuring to be informed that, because of the considerable resources placed at the disposal of that organisation by the state, and the high level of expertise it can thus command, its voice is to be accorded more respect than that of the citizen. It is hard to see how justice is to be served if the courts do not see it as their duty to discount, rather than give stature to, such imbalances.
Mr Justice Carney's warning seems to be in contrast to his otherwise worthy judgment, which was based on equality.- Yours, etc., Donal O'Driscoll,
Blackrock,
Co. Dublin.