Senator Sharon Keogan has warned that an investigation by the media regulator could threaten local radio stations with €20 million euros in fines.
She said that such penalties could have a chilling effect on local radio, as she said of the Coimisiún na Meán probe: “That is not regulation”.
The independent Senator warned of growing pressure on freedom of expression in Ireland. It comes after Coimisiún na Meán announced on Monday that it launched two separate investigations into TippFM and Wexford-based station South East Radio.
Both stations could be fined 10% of their turnover, or €20million, if they are found to be in violation of the regulator’s rules.
The probe relates to potential breaches of broadcasting codes relating to fairness and objectivity.
Keogan described the State media regulator’s investigation as a “sword hanging over local media”.
It comes after Aontú leader Peadar Tóibín warned online in the wake of the announcement of the investigations: “It’s very serious when the state investigates journalists. The details should be made clear asap”.
“There was some welcome news from Europe this week. The proposal to add so-called hate speech and hate crime offences to the list of EU crimes, alongside terrorism, human trafficking, drug trafficking and organised crime, has been withdrawn by the Commission,” said Senator Keogan said.
“That is a good development, in my view, because whatever one’s view of offensive speech, there is a world of difference between a foolish remark and a terrorist bombing. There is a world of difference between an online insult and human trafficking.
“But what is deeply worrying is that anyone would think to propose that at all,” she added.
“I am proud to say that we have put up a strong fight for freedom of expression in this country, against the Hate Speech Bill in this House and now against the EU Commission’s demands that we enact such laws in the Court of Luxembourg,” continued Keogan.
However, she said that the broader pressure upon freedom of expression has not disappeared.
“We see it in the growing influence of the Digital Services Act. We see it in the increasingly blurred lines between illegal content and unpopular opinions. We see it in the tendency of regulators to assume that every societal problem can be solved by creating another speech restriction.
“And nowhere is that concern more apparent than in the ongoing investigations involving your own Tipp FM and South East Radio,” added Senator Keogan.
‘A SWORD HANGING OVER LOCAL MEDIA’
She said that while it would be inappropriate for her to comment on matters that have yet to be resolved, what was “deeply troubling” as the “sheer scale of potential penalties compared to the alleged infractions, which appear somewhat trivial”.
“We are talking about radio stations which are part of the very fabric of rural Ireland,” added Keogan.
“Stations that cover local sport that nobody else covers. Stations that discuss planning issues, community festivals, local tragedies and local triumphs. Stations that give a voice to ordinary people far beyond the orbit of Dublin media.
“Yet somehow, we have arrived at a situation where an apparent lapse of judgement or broadcasting gaffe could expose small local stations to a €20 million penalty.
“That is not regulation. It is a sword hanging over local media.
“One does not need to excuse wrongdoing to recognise the absurdity of that situation,” she added.
“Indeed, the lesson of the anti-SLAPP debate is that free speech is often not destroyed by censorship itself. More often, it is chilled by fear of ruinous legal costs and fines,” added the Meath politician.
“When the potential punishment becomes sufficiently extreme, people self-censor. And that should concern every person in this House, regardless of their political persuasion.”
The ‘proportionality’ of the investigation has also been questioned by the chair of the Oireachtas Media Committee, Alan Kelly.
Tipperary North TD Kelly told the Irish Daily Mail: ‘I’d like to see the details of what these complaints are, and also having a look at what the consequences for the stations are.
“I hope Coimisiún na Meán are putting forward that these are fairly substantial issues, given the level of fines that could effectively close down these stations who do such great public service,” said Kelly.
The newspaper also reported that the investigation into TippFM relates to a segment broadcast in August 2024 on the Tipp Today show hosted by presenter Fran Curry.
Coimisiún na Meán’s website states that the complaint was received “about a segment where a letter from a member of the public was read on air in relation to men cutting rhododendron flowers in the woods”.
“The complainant alleges the broadcast was not fair, impartial or objective to the men described in the letter.”
Meanwhile, the investigation into South East Radio is thought to be related to its Morning Mix broadcasts on 11, 12 and 13 December 2024.
‘The complaint is about statements read out by the presenter in relation to an off-air incident,’ the media regulator’s website states.
“The complaint alleges that the presenter was not impartial or balanced, and misquoted statements.”