SEPTEMBER 2006

REPORT FROM The National Platform EU Research and Information Centre  
Wednesday 16 August 2006



EU Commission encourages Irish broadcasters to break the law on political advertising    
  - Media statement by Anthony Coughlan on behalf of the National Platform EU Research and Information  Centre
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Political and religious advertising is illegal on Irish radio and television.  It is the responsibility of broadcasters themselves not to carry such advertisements, and if they have doubts about them to seek legal advice.

The EU Commission office in Dublin had been funding a series of political  advertisements on Newstalk 106 and community radio stations throughout Ireland in recent months.  Ostensibly their purpose is to tell people of the existence of a "Europe Direct" information service which the Commission maintains. In reality they broadcast exclusively positive messages about the EU which are politically propagandist.  

It is probable that the EU Commission Representation in Ireland, which funds these advertisements, did not seek the approval of its superiors in the Commission in Brussels before launching them here. 

The case-law on the matter indicates that the test of the political character of broadcast advertising in Ireland is whether it is capable of affecting voting behaviour in elections or referendums -  not the substantive character or accuracy of the advertisements themselves. By that criterion NewsTalk 106 and local community radio stations have been breaking the law by carrying the Commission-funded adverts, although doubtless they have been assured  by the advertising agency placing them that they are legally OK.  

Former Green Party MEP Patricia McKenna has sent a solicitor's  letter to the Commission in Brussels, apprising it of the fact that its Dublin office has been encouraging Irish broadcasters to break the law in this matter. 
 
In 1995 Patricia McKenna took the well-known law case which led the Supreme Court to lay down that it was illegal of Irish Govermments to spend public money in a one-sided fashion in referendums here.  She did this at great personal  risk to herself, to defend Irish democracy and advance the public good, for if she had lost and had legal costs awarded against her, it would have imperilled her house and other personal assets. 

Ms McKenna is equally concerned about these Commission-funded adverts, for  the Commission has virtually limitless funds at its disposal to finance these.  The advertisements for "Europe Direct" are a form of testing the Irish waters, as it were. If the Commission can get away with these, such advertising will undoubtedly  in time be stepped up massively.   

Below for your information are copies of three letters in Village Magazine drawing attention to these Commission-funded adverts, including one from Mr Martin Territt, Director of the Commission Office in Ireland, seeking to defend them, and a reply by the undersigned.

People can judge for themselves whether the excerpts from the broadcast advertisements quoted in this reply are capable of influencing people's votes in elections or referendums, in so far as voting may be affected by the policy or attitude of candidates or parties on EU matters.  All reasonable people will surely agree that they show that Mr Martin Territt's contention that the advertisements are entirely neutral and non-propagandist in character is quite unsustainable. 
(Signed)  Anthony Coughlan                Secretary


LETTER 1:
Newstalk's EU ads are in breach  of law, Village, 13-19 July
A series of political advertisements publicizing the "Europe Direct" information service which NewsTalk 106 and some other local radio stations carried on a  daily basis during March and April were ultimately paid for by the EU Commission.
They conveyed messages that were in effect propaganda for the EU, some of it extremely unbalanced and tendentious, calculated to influence the voting behaviour of citizens, and were therefore in violation of the provisions of the Irish Broadcasting Acts, which forbid broadcast political advertising in this country.
Last week NewsTalk 106 carried two further advertisements on behalf of  "Europe Direct" relating to people's right to healthcare treatment in other EU countries and the rights of passengers under EU law if they travelled abroad by air.
Perhaps the station was assured by the advertising firm placing the ads that they were conveying factual, truthful and objective  information and that therefore NewsTalk  was not in breach of the law in carrying them. If that is the case the station is being misinformed
The political nature and character of broadcast advertising does not depend on the truthfulness, objectivity or factual accuracy of the statements made in the adverts, but on whether they are capable of influencing the voting behaviour of citizens in general elections and referendums.
These EU-related ads are  undoubtedly so capable, which is why my organization is concerned about the matter.  NewsTalk 106 should not allow itself be used by the Brussels Commission or its Irish representation in this fashion - however tempting the financial awards may be.
Anthony Coughlan The National Platform EU Research and Information Centre  


LETTER 2: No influence intended by EU radio ads, Village,  20--26 July 

Anthony Coughlan's arguments concerning radio advertisements on behalf of the European Commission seem a little askew.
The  facts are that these radio spots, funded by the European  Commission and  managed by its representation in Ireland, have been running on local radio stations.  There is no mystique about the advertisements and an article concerning them appeared in a previous issue of Village(4 May 2006).  Furthermore, there is no question of their breaching Irish broadcasting legislation on political advertising.
The advertisements in question are designed to inform citizens of the existence of a number of Information centres(Europe Direct centres), the website of the representation of the Commission in Ireland  (www.euireland.ie) and the freephone number (00 800 67891011) which can be used to ask for details on any aspect of the European Union.  The advertisements, therefore, inform citizens of the existence of different information sources.
The messages of introduction such as the existence of air-passengers rights, the Erasmus student-exchange programme or the existence of legislation on clean water are merely statements of fact that inform citizens of rights they have acquired  by virtue of established European legislation.  To describe the messages as propaganda is therefore incorrect and, I might say, disingenuous.
It has been the long-standing policy of the European Commission not to interfere in any way in internal elections or referenda in member states.  The Commission, through the representations it maintains in each member state, provides information on decisions, policies and laws to the media, experts and general public.  The provision of such information is never intended to influence political decisions, electoral contests or referenda.
Martin Territt, European Commission Representation in Ireland,


  LETTER 3:  EU ads abuse our democracy, Village, 10-16 August

Martin Territt of the European Commission Representation in Ireland seeks to defend the advertisements which the Commission has been funding on Irish local radio  in recent months by saying that that are merely informing people of the existence of some EU Information Centres, with accompanying statements of fact regarding citizens' rights under EU law, and are in no sense political or propagandist in character. 
Village readers can judge for themselves whether the following excerpts from these EU advertisements broadcast throughout the country this April are politically propagandist or not:
"Do you know that since 1973 Ireland received over 5.5 billion euros from the European Community?" ;
"Do you know that telephone calls cost less because of the EU?" ; 
"Do you know that the EU is the largest contributor of development aid to poorer countries?" ;
"Do you know that as a citizen of the EU you are guaranteed the right to buy goods in any of the EU Member States? What's more, the introduction of the euro enables you to compare prices and get the best value for your money in the EU" ; 
"Do you know that the EU is helping developing nations to combat poverty?"; 
"Do you know that there is EU legislation to ensure the food you eat is safe?".

Political advertising on Irish radio and television is illegal in Ireland. The jurisprudence on the matter indicates that the political character of broadcast advertising does not depend on its factual content or accuracy, but on whether it can influence people's votes. Radio advertising to tell people of their rights and benefits from the EU, while simultaneously stating that they can learn more from various EU Information Centres, is surely capable of influencing voting behaviour in so far as that may be affected by the policy and attitudes of political parties and candidates on EU matters.
In the past year, since French and Dutch voters rejected the proposed EU Constitution, the Brussels Commission has been given a hugely expanded communications budget to seek to encourage more positive attitudes to the EU among Europe's citizens.  Territt's office is the conduit for this money in Ireland.
The power of the EU Commission, a non-elected body, increases with every EU Treaty.  It would be increased further if the proposed EU Constitution, or some future Treaty based upon that, were to be ratified. If the Commission can get away with funding political advertising on Irish radio under the guise of providing information on their rights for citizens, it is wide open to abuse, and indeed can endanger our democracy. There can be little doubt that this is the real reason for the Commission's zeal in pushing out positive information about the EU and its own activities in this manner. 
    Anthony Coughlan The National Platform EU Research and Information Centre  


European Union Headquarters in Strasbourg