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Youtube/Rory O'Neill

Complaints about RTÉ's Panti apology have been rejected by the BAI

The Broadcasting Authority of Ireland said that making an apology was an editorial decision and not one for them to decide upon.

THE BROADCASTING AUTHORITY of Ireland has rejected three separate complaints about Brendan O’Connor’s apology on the Saturday Night Show for comments made by Rory O’Neill about homophobia in Ireland.

The decision is one of five different complaints made against RTÉ that were rejected in the BAI’s latest round of decisions.

One of the complaints described O’Connor’s apology as “ludicrous”, firstly on the basis that the presenter was apologising on behalf of somebody else and secondly because O’Neill’s comments “were not problematic” having regard to the published views of those named.

It continued:

The apology was a clear indication that the programme sided with those individuals and the organisation and their beliefs, contrary to requirements for fairness, objectivity and impartiality.

As well as the apology, RTÉ paid out €85,000 to five people over defamation claims following the show.

The BAI said in January that it had received more than 100 complaints about O’Neill’s appearance and RTÉ’s apology. Most of the complaints were about the apology and the results of three of the sample complaints were published today.

Another complaint to the BAI alleged that the apology implied that someone is, “impeding free and fair debate if one describes opposition to equal marriage rights for LGBT persons as ‘homophobic’.”

The complainant further states that, “it is legitimate to describe views as ‘sexist’ or ‘racist’ and for RTÉ to prohibit the use of the term ‘homophobic’ is akin to restricting the legitimate use of the aforementioned terms.”

Broadsheet Ie / YouTube

RTÉ’s response

RTÉ explained in response tho their complaints that The Iona Institute took the view that the use of the word ‘homophobic’ in relation to their views on homosexuality was defamatory and sought redress through legal representatives.

They argued that the apology was a “remedial action in response to complaints of offence”.

Despite this, O’Connor’s apology contained the line, “it’s an important part of democratic debate that people must be able to hold dissenting views on controversial issues”

RTÉ argued that this demontrated that the apology was ‘equitable and offered no offence or harm to viewers’.

The BAI decided however that RTÉ has “editorial independence and has primary responsibility for its programming content”.

For this reason the committee decided that the broadcaster must be free to take measures if it feels it has infringed on legal obligations.

This freedom includes the freedom to air apologies as a legal remedy to claims of defamation.

“In this context,” the decision reads. “The committee did not consider it apt to make a determination on those aspects of the complaint dealing with the question of whether the decision by RTÉ to air the apology was appropriate or inappropriate.”

In essence, the ruling states that the decision to make an apology is one for the broadcaster alone. Furthermore, the BAI said that it was also not part of their remit to decide whether or not an apology was appropriate in this case.

Read the BAI’s decisions in full here >

Read: RTÉ bosses say that fighting Pantigate action would have been ‘foolhardy’ >

Read: Those with ‘deep pockets’ control the media – Clare Daly >

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27 Comments
    Install the app to use these features.
    Mute Steve T
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    Sep 25th 2018, 7:51 PM

    Throw away the key!!

    183
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    Mute Quentin Moriarty
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    Sep 25th 2018, 10:53 PM

    @Steve T: No need , 3 years may as well be 50 for an 81 year old .

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    Mute Sarah Connor
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    Sep 25th 2018, 8:56 PM

    Infuriating arguments. “Legally Blind” does not mean can’t see, it means vision impaired (in fairness, to a significant measure, but usually can still see), and in the current photos he does not look “frail” at all. Even if he was a frail blind man, why exactly would that mean he shouldn’t serve time?

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    Mute O Swetenham
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    Sep 25th 2018, 8:01 PM

    So three years then.

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    Mute Shane Corry
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    Sep 25th 2018, 8:09 PM

    @O Swetenham: Shocking that it can end up as low as 3 years. 10 years is too low as well but at least there would be a good chance he would then die in prison so there’d be little chance of him getting out again.

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    Mute James O'Brien
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    Sep 25th 2018, 8:59 PM

    3 years. Thought Ireland was bad.

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    Mute tottkingham
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    Sep 25th 2018, 7:47 PM

    Hey,Hey,Hey!!!

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    Mute Joe Ryan
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    Sep 25th 2018, 9:01 PM

    Bill Crosby, an icon. How many of today’s celebrities will be exposed for who they really are in the future. Be careful who you idolize, if your into that sort of thing.

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    Mute KingCrisp
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    Sep 25th 2018, 8:02 PM

    Great to see a sadistic vile sexual predator jailed. All they have to do now is to jail Trump and his group of sexual predators that he calls fine people :)

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    Mute Jimmy jones
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    Sep 25th 2018, 7:46 PM

    Hey hey hey , all the way to rest of his life in prison.

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    Mute Jaune Fujisawa
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    Sep 25th 2018, 9:19 PM

    Don’t really understand this system. 3 years or 10 years. Which is correct. Both of course not enough but that’s another issue

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    Mute Ger
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    Sep 25th 2018, 10:05 PM

    @Jaune Fujisawa: I think it’s a minimum of 3 years and the rest will depend on his behaviour and attitude towards rehabilitation in prison. For example he claims he’s not guilty and shows no remorse so is likely to refuse treatment. If that remains the case it’s likely to be more than 3 years.

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    Mute Charlie
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    Sep 25th 2018, 8:03 PM

    A bipen and a bobben all the way to hell

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    Mute Brendan Oconnor
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    Sep 25th 2018, 8:33 PM

    The thing is that he was always criticising black kids..about how they behave.. dressed . ECT. .. In other words an Uncle Tom . I’m glad he got his cumupance. . Hey Hey Hey .

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    Mute Liam O Reilly
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    Sep 25th 2018, 9:27 PM

    @Brendan Oconnor: Yeah because that’s the big point here, he’s an Uncle Tom.

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    Mute Dougal67
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    Sep 25th 2018, 9:18 PM

    Knew he wasn’t a nice man years ago, as his old friend Robert culp got him a job starring in an old tv show I Spy, when not many black actors got work, culp put his kneck on the line for him, years later when Cosby was a huge star culp asked him for a favor and a role, Cosby replied he was too busy! Knew he was a you know what then, but this is beyond belief, “USA TVs daddy”??? Should throw away the key his age stardom is irrelevant!!

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    Mute Kenneth Hayden
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    Sep 25th 2018, 8:10 PM

    * claps hands *

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    Mute Lily Martin
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    Sep 26th 2018, 1:24 AM

    The fact that he is now old, “legally blind” and frail should not enter into it. He committed a heinous crime and that should be the only consideration.

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    Mute Mary Maher
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    Sep 25th 2018, 11:47 PM

    I am a softie, would usually feel distressed at the prospect of an elderly person, partially blind, being sent to prison. But not in this case. Bill Cosby was a very famous and powerful person. He could have had hundreds of girls very willing to sleep with him. Instead, he chose to drug and rape those vulnerable girls who came to him for help, hope and encouragement in their career. There is something sick in his psyche.
    So now, he gets to know how it feels to be vulnerable. Learning it, too late in his life. And, by the way, very few are taken in by his feeble, old blind man, fumbling his way about behaviour.. He was always a good actor.

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    Mute Eammon Collins
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    Sep 26th 2018, 2:53 AM

    Dont drop the soap in the shower Bill or it’ll be Zip zop wop bobbity bop for you :-)

    Take some Quaaludes,ease the pain man ;-)

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    Mute Pat Mooney
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    Sep 26th 2018, 1:10 AM

    The clergy commited worse crimes
    And nothing happened to them
    Just transferred to other places
    To continue at it

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    Mute Paul Wallace
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    Sep 25th 2018, 9:24 PM

    What a mad world, who’d have thought crosby was that sort…

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    Mute Pat Mooney
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    Sep 26th 2018, 1:12 AM

    Just stating I’m not condoning
    What Cosby done

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    Mute Frankie Mangan
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    Sep 25th 2018, 11:04 PM

    Billy baby these sadists wont bother drugging you before sex where you’re going.

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    Mute Dougal67
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    Sep 25th 2018, 11:48 PM

    @Frankie Mangan: lol

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    Mute Paul Wallace
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    Sep 25th 2018, 9:22 PM

    What a mad world, who’d have thought crosby was a paedo

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    Mute Ger
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    Sep 25th 2018, 10:06 PM

    @Paul Wallace: Cosby* isn’t. His victim was an adult.

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    Mute Richard W. Kendall
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    Sep 26th 2018, 5:05 PM

    Hey, hey, hey, “Grip it & Rip it ( his arse ), here comes a “Fat Albert” right up the Hershey Highway!

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