RTÉ has called for the broadcast moratorium for elections and referendums to be removed, saying being able to respond to "misinformation" before a vote is "central to the democratic process in the digital era".The call was made in RTÉ's formal submission to media regulator Coimisiún na Meán's public consultation on the future of the broadcast moratorium.The public consultation will end next week and decide on the future of the moratorium by the end of October.Any potential changes are likely to be in place in time for the next general election.Under existing rules, TV and radio stations are barred from broadcasting any story or information which could potentially influence the outcome of a vote from 2pm the day before polling day until when polling stations close on the day of the vote.While TV and radio stations can report on voter turnout and basic, practical details of an election or referendum during that period - such as which politicians turned up and when - any on-air discussion of topics such as policies, candidates or individual party's campaigns is strictly prohibited.However, that same restriction is not in place for any non-broadcast coverage. Newspapers, websites and social media not the subject of any restrictions other than those they may choose to place on themselves.The moratorium was first included in broadcasting guidelines for the 1997 presidential election and has remained in place for the past three decades.However, Coimisiún na Meán is currently reviewing the rules and has outlined five options for the moratorium's future:
- keeping the moratorium without any changes. --lengthening or shortening the moratorium period.
- changing the moratorium so that it covers a more limited type of broadcast coverage.
- removing the moratorium and replacing it with a "positive obligation" rule which would put the onus on broadcasters to take extra care with material relating to an election or referendum.
- removing the moratorium completely.
In a two-page submission, RTÉ has said it believed the current rules limiting TV and radio coverage before an election or referendum should be abolished.The letter from RTÉ’s Head of Editorial Standards and Compliance, Brian Dowling, read: "It is RTE's view that Coimisiún na Meán should adopt option five, 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 and Current Affairs and, within this, the election rules [Coimisiún na Meán and RTÉ documents]."As it currently stands, it is entirely anomalous that RTÉ online news could report on a significant breaking story, and 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," the submission read.The submission also said that in RTÉ's view, the existing code of fairness, objectivity and impartiality within which the broadcaster already works, would ensure fairness and balance in coverage before any election or referendum, without the need for a moratorium.Coimisiún na Meán's public consultation on the future of the broadcast moratorium began at the start of August and will end on Wednesday 5 September.Further information, including how to make a submission to the consultation, is available at the Coimisiún na Meán website.
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