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Ethics and the Newstalk reporter ban
By Michael Foley
The ongoing ban on Irish Times journalists and those working for the new online publication, The Currency, from appearing on Newstalk, and other Communicorp- owned radio stations has raised important issues relating to broadcasting regulation and media ethics. The initial ban followed the response to
George Hook ending comments on rape with the question: ‘Is there no blame now to the person who puts themselves in danger?’, a reference to women whom Hook believed put themselves in danger by virtue of what they wear or how they behave. Irish Times journalist, Fintan O’Toole, published a column, accusing Newstalk of being “the most flagrantly sexist public organisation in Ireland”. Newstalk was given a right of reply, but it also wanted an apology, which was refused. That was nearly two years ago. More recently
a new media venture, The Currency, found its journalists facing a similar ban. This case is more problematic. The Currency was recently launched by journalists Tom Lyons and Ian Kehoe. Earlier this year, Denis O’Brien, the owner of Newstalk and the other Communicorp stations, lost a high-profile defamation case over an article written by Lyons for the Sunday Business Post, then edited by Kehoe. There is no evidence O’Brien had anything to do with this decision which is, officially, because The Currency is deemed to be offering similar products to Communicorp products – podcasts, events and news stories, and therefore a direct competitor. Of course, all other media outlets also offer podcasts, events and news stories, but are not banned by Communicorp. NUJ’s Deputy General Secretary, Séamus Dooley, has challenged the BAI’s non- intervention, saying in a letter: “The current ban on editorial contributors to The Currency is, like The Irish Times ban, based on commercial not editorial considerations, and is therefore a matter for the BAI. It is accepted that the BAI has no remit in determining direct editorial content, but the BAI does have a direct role in
Michael Foley
regulating to achieve ‘a responsible and accountable broadcasting sector,” said Dooley. Meanwhile, the Green Party’s Eamon Ryan, supported by the Taoiseach and other party leaders, wrote to Communicorp stating in part that 2009 Broadcasting Act was clear on the need for fairness on the part of radio stations. He said section 39b provided for fairness and impartiality, while section 42f provided for independent editorial control over programme content.
But while we might not like Communicorp’s action, are those bans unethical, or simply mean spirited and vindictive? Using the NUJ’s Code of Conduct as our guideline, there is no doubt Communicorp’s decision would be contrary to clause one, which gives a blanket defence of media freedom and the right of the public to be informed. The ban on The Currency, for instance, was issued 30 minutes before Tom Lyons was due on Newstalk to talk about his extraordinary investigation into the Quinn family finances and share it with listeners. They were denied this.
Banning particular voices might also be
contrary to clause two, which asks that all journalists strives to ensure information is honestly conveyed, accurate and fair. Can you do that if there is a list of whom you can or cannot invite on?
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