Further to the Consultation Document issued by Coimisiún na Meán on the Broadcast Moratorium, RTÉ’s position is outlined as follows:
RTÉ acknowledges the comprehensive consultation document which outlined the policy objectives and background, along with various options in respect of the moratorium.
RTÉ’s position and that of other broadcasters was outlined in the Statutory Report published by the then BAI in March 2023, namely that the moratorium should be removed.
It is RTÉ’s view that Coimisiún na Meán should adopt Option 5, that is, the abolition of the moratorium for election/referendum coverage and that broadcast content would continue to be regulated by the Code of Fairness, Objectivity and Impartiality in News & Current Affairs and within this, the election rules (Rule 27).
As it currently stands, it is entirely anomalous that RTÉ online news could report on significant breaking story, particularly one based on disinformation / misinformation in the moratorium period, but that RTÉ television and radio could not report it.
If a story based on misinformation or disinformation emerges in what would be the moratorium period, broadcasters should have editorial freedom to report on this and bring relevant facts into the public domain. This is central to the democratic process in the digital era.
It is RTÉ’s view that this is also consistent with the policy objectives set out by Commission in that it allows a broadcaster the scope to deal with misinformation/disinformation on all platforms, thereby providing voters with equitable access to information.
Placing the obligation on a broadcaster to act within the Code, during that would be the moratorium period, is no more nor no less, than the obligation that already exists throughout the election period.
In all circumstances, it will fall to the broadcaster to make an editorial decision on what stories should be carried during what would normally be the moratorium period, and where a story is published, it will be for the broadcaster to ensure it is in keeping with the regulatory codes and election rules.