CEDH · PRESS;GENERAL;ENG — 7 novembre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     551   7.11.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF MURPHY v. IRELAND   Thursday 7 November 2002 at 9.30 a.m.   The applicant   The case concerns an application (no. 44179/98) brought by Roy Murphy, an Irish national, who was born in 1949 and lives in Dublin. He is a pastor attached to the Irish Faith Centre, a bible-based Christian ministry in Dublin.   Summary of the facts   In early 1995 the Irish Faith Centre submitted an advertisement for transmission on an independent, local and commercial radio station, concerning the screening of a video dealing with “the historical facts about Christ” and “evidence of the resurrection” on its premises.   In March 1995 the Independent Radio and Television Commission (“IRTC”) stopped the broadcast, applying section 10(3) of the Radio and Television Act 1988 (“the 1988 Act”), under which “no advertisement shall be broadcast which is directed towards any religious or political end or which has any relation to an industrial dispute”. The video was however transmitted by satellite.   The applicant took judicial review proceedings, to which he joined the Attorney General in order to challenge the constitutionality of the relevant statutory provision. He submitted that either the IRTC had wrongly construed section 10(3) or the provision was unconstitutional.   By judgment delivered on 25 April 1997, the High Court found that the IRTC had not infringed section 10(3). It also considered that the unspecified right to communicate guaranteed by Article 40(3)(1) of the Constitution was at issue, since the principal purpose of the advertisement was the communication of information. However, section 10(3) constituted a reasonable limitation on the right to communicate and there were good reasons in the public interest for the ban. The Supreme Court rejected the applicant’s appeal on 28   May 1998.   Complaints   The applicant complains about section   10(3) of the 1988 Act under Articles 9 (freedom of religion) and 10 (freedom of expression) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 31 July 1998 and transmitted to the Court on 1 November 1998. It was declared admissible on 9 July 2002. Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Lucius Caflisch (Swiss), Pranas Kūris (Lithuanian), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), John Hedigan (Irish), Hanne Sophie Greve (Norwegian), judges , Margarita Tsatsa-Nikolovska (Macedonian), Kristaq Traja (Albanian), substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   Denise McQuade , Co-Agent , Donal O’Donnell , Brian Murray , Senior Counsel , Christopher O’Toole , Adviser ;   Applicant:   John Finlay , Gerard Hogan , Senior Counsel, Felim O’Reilly , Adviser .   The applicant, Mr Murphy, will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.