A High Court judge yesterday refused to compel RTÉ to broadcast advertisements for a religious group which encourages lifestyle change and which is promoted by golfing star Bernhard Langer.
Mr Justice White said by granting a mandatory injunction directing the national broadcaster to air the advertisements from last night, he would effectively be disposing of issues set down for determination by the court at a full trial.
Mr Justice White said there were a number of serious issues to be tried and he could see there were strong arguments that could be made by both sides as to whether a binding contract existed between RTÉ and the Zion Trust, which carries out its activities under the title "Power to Change".
"What is being sought here is an injunction compelling RTÉ to broadcast certain advertisements in the imminent future, but by granting the relief at this stage I would be effectively disposing of the case."
Judge White said he believed the balance of justice did not lie in favour of the Zion Trust and refused its application.
Mr Paul Callan SC, for the trust, claimed RTÉ had reneged at the last minute on a binding contract to broadcast the advertisements which featured Bernhard Langer and Michael McGoldrick, father of a murdered Portadown taxi driver, talking about changes which had taken place in their lives.
He said the aim of a €1.8 million mass-media drive, also involving other television stations, was to inform people of the availability of a free book and CD information pack and invite them to call for their free book and CD-ROM.
Mr Bill Shipsey SC, for RTÉ, said the station's paramount consideration was the observance of its obligations under the Broadcasting Authority Act, which provided it should not accept any advertisement directed towards any religious or political end.
An amendment to the Act provided that this clause should not be construed as preventing the broadcasting of advertisements that a particular religious periodical was for sale or supply if the contents did not address the issue of the merits or otherwise of adhering to any religious faith or belief, or of becoming a member of any religion or religious organisation.
He said RTÉ did not consider itself to have any contract with the Zion Trust, and had declined to broadcast the advertisements on legal advice that they were directed towards a religious end within the meaning of the Act, and would be regarded as addressing the merits of religious belief and advocating Christian faith.