
February 2015 47
by robust substantiation in order to be
compliant with advertising codes.
Can you provide support and substantiation
for the claim that “no-one – least of all RTÉ
– is getting to grips with this story”.
Such substantiation would be required
to be fulsome and verifiable.
Kind regards,
Aoife
From: Editor [mailto:editor@
villagemagazine.ie]
Sent: 07 January 2015 12:02
To: John Lambert@rte.ie
Subject: Re: URGENT - RTE Radio Decision
Reached: [69509] : Village Magazine
Fair enough, John. I think the following
definitively justifies the wording of the advert.
The dossier appears in the current edition of
Village if your colleagues need “fulsome and
verifiable” evidence. And I can make available an
unredacted copy should one be required. No-one
apart from Broadsheet.ie and least of all RTE has
even mentioned that we published the dossier.
While there was some focus on the side-show
of politicians’ names Richard Crowley told a
colleague of mine that RTE couldn’t touch most of
the story – which self-evidently Village published
since we printed the dossier – for legal reasons.
The Sunday Times deputy editor tweeted that
he’d see us in court when we published. But we
face no legal action for publishing. No-one has
mentioned the strange interventions of Eoghan
Fitzsimons or Paul Gallagher (former attorneys
general) outlined in the dossier or commented
that five attorneys general are criticised in the
dossier (Declan Costello, Maire Whelan and Peter
Sutherland in addition to the two mentioned). All
this is clear from Village. No-one has mentioned
the heading ‘Protection of the reputation of
Mr Declan Costello and the Judiciary’ which
proceeds “Damage to the reputations fo Mr
Declan Costello and the Judiciary would be very
significant if it were to become public knowledge
that [the authorised officer lists three facts]”.
No-one is getting to grips with the Alcan angle,
with the allegation that Declan Costello didn’t
properly investigate Ansbacher, that he was
“compromised” and “ineffective”, the ‘hands-
off’ stance of the Garda or with the implications
for the tribunals – the authorised officer says
“it is the view of the authorised officer that the
Moriarty Tribunal (and possibly the Mahon
Tribunal) participated in the cover up of
evidence referred to throughout this briefing
note”. That is a most serious allegation from a
conservative officer of the State acting under
expensive advice from a senior counsel. Yet I
do not believe RTE has mentioned it, let alone
“got to grips with it”. This despite the extensive
coverage of the tribunals over the years. No-one
is getting to grips with the officially-alleged
nexus between politicians, lawyers, business,
banking and the judiciary. Clearly RTE believes
there are legal reasons not to publish. But
Village published (three weeks ago) anyway.
Highlighting that is the purpose of the ad. And
of course in a democracy drawing attention to
all this is legitimate, and to be encouraged!
Let me know how you get on.
Regards,
Michael
From: John Lambert@rte.ie
Sent: 07 January 2015 13:01
To: adclearance
Subject: URGENT - RTE Radio Decision
Reached: [69509] : Village Magazine
Hi Aoife,
See below. Is that enough for copy clearance?
He has a good case.
John
John Lambert@rte.ie
7 Jan
to me
Hi Michael,
See below.
I think you need to make some changes.
We should talk asap or first thing in the morning.
Regards,
From: adclearance@rte.ie
Sent: 07 January 2015 17:03
To: John Lambert
Subject: RE: URGENT - RTE Radio Decision
Reached: [69509] : Village Magazine
Hi John,
The Clearance Committee has responded with
their feedback, which I paraphrase below.
RTE is happy to accept an advertisement for
Village Magazine which promotes the extent of
their coverage of the dossier concerned. It is also
happy that the copy refer to the lack of coverage
by other media but nor to any specific media.
It is not however the responsibility of any
media make reference to the content of
Village Magazine or indeed the content
of any editorial in any media.
The inclusion of the chicken sounds would
be deemed to be an attempt to denigrate
others and would not be acceptable or
compliant with advertising codes.
We would be happy to review any modification
of the copy in line with these comments.
Kind regards,
Aoife
RTÉ Advertising Copy Clearance
http://www.rte.ie/mediasales/television/traffic-
copy-clearance.html
Email: adclearance@rte.ie
From: Editor [mailto:editor@
villagemagazine.ie]
Sent: 07 January 2015 18:00
To: john lambert@rte.ie Subject: Village ad
Hi John,
Thanks for your help with this and sorry
to be painful. Can you please forward this
to your colleagues in ad clearance.
I believe there is a legal requirement on
RTE to deal with this ad properly and to
explain clearly what rules it is applying in
demanding substantial changes to it.
Can you please ask your colleague to explain
where the rules she is applying come from,
so I can see if her decision is reasonable and
lawful. In the last few minutes I’ve had a quick
look at the legislation and synopsised it very
cursorily in an effort to revert before close of
business. Perhaps I have missed something? As
regards the Broadcasting Act 2009 S 39 (d)
provides that anything which may reasonably
be regarded as causing harm or offence, or as
being likely to promote, or incite to, crime or
as tending to undermine the authority of the
State, is not broadcast by the broadcaster; S41
insofar as it is relevant deals only with the
sensitivity of treatment of political and political
ends; S 42 (2) (h) provides that advertising
protect the interests of the audience. None of
this seems to cover our case. And I don’t see
anything relevant in the Advertising Standards
Authority for Ireland general rules which state
that: Marketing communications should be
legal, decent, honest and truthful; Marketing
communications should be prepared with a sense
of responsibility to consumers and to society;
Marketing communications should respect the
principles of fair competition generally accepted
in business; and a marketing communication
should not bring advertising into disrepute.
In particular what provisions state that
we may not refer to a specific medium and
why specifically (ie under what statutory
provision) do they consider the chicken noise
would not be acceptable or compliant with
advertising codes? Obviously this case has
relevance for the public interest and I am
determined that we should be treated fairly.
Kind regards,
Michael
John Lambert@rte.ie, 8 Jan
to me
Hello All,
Please stop working on the Village Magazine
campaign scheduled for next Sunday.
Due to copy issues the campaign will not run.
Please cancel it. Thanks for all your help so far.
Regards,
John
Email: john.lambert@rte.ie