No need to guarantee absolute equality of airtime to opposing groups

BROADCASTERS are required by legislation to be fair to all interests when it comes to covering referendums.

This has sometimes been interpreted as meaning both sides of a referendum debate must have equal access to the airwaves.

However, there is actually no obligation to balance each contribution on an individual programme with an opposing view.

According to the latest guidelines from the Broadcasting Authority of Ireland (BAI), there is no requirement to allocate absolute equality of airtime to opposing groups.

The BAI says the approach taken by broadcasters must be fair and impartial and that there is a requirement to seek the views of different sides, to include these views and reflect their perspective.

“This may require the inclusion of an opposing view and/or an equal allocation of airtime. However, in each case, the decision rests with the broadcaster having considered what is required in order to achieve fairness, objectivity and impartiality,” the guidelines state.

So, it is not always necessary for a programme to include contributions from both Yes and No sides for it to be regarded as fair, objective and impartial.

For example, the BAI says this can be achieved through input from the programme presenter playing the role of ‘devil’s advocate’ or through the use of contributors who may not be campaigning, but who articulate the views of the other side.

While the ‘devil’s advocate’ approach is permissible, broadcasters must not express their own views.

The guidelines say that where it is impracticable to be fair to all interests in a single broadcast, this can be achieved over two or more related broadcasts if they are transmitted within a reasonable period of each other.

The guidelines only apply to broadcasters within the jurisdiction. They do not apply to channels licensed in the UK or other countries, although foreign broadcasters are encouraged to be mindful of the guidelines.

Newspapers or their online offshoots are not subject to the guidelines.

One area where equal airtime must be given is in relation to party political broadcasts or so-called “uncontested broadcasts”.

The 2009 Broadcasting Act states there is no obligation on broadcasters to transmit party political broadcasts during a referendum campaign.

But those that do must ensure equal airtime is afforded to advocates and opponents of the proposed constitutional changes.