Talk:Television licensing in the Republic of Ireland

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[edit] Consitutionality

I have added a new section concerning the dubious constitutionality of the practices of TV licence inspectors in the Republic of Ireland, based on the harassment of me by them arising out of my non possession of a TV (and therefore, non possession of a TV Licence).

As in the UK, TV licence inspectors in the Republic of Ireland cannot accept that you do not have or want a TV.

I wonder how long before the cowards of the establishment remove my changes rather than allow the truth to be told. Ewanduffy 20:37, 5 November 2007 (UTC)

I agree fully with what you say re the RTE television tax. (Sarah777 21:05, 5 November 2007 (UTC))
Sorry, I'm going to remove that section to the Talk: page. There are several problems: Neutral Point of View; Original research; No references. If you can find published sources that make your points, then cite them. But please try to find opposing responses to those contentions too. jnestorius(talk) 21:08, 5 November 2007 (UTC)
I see that Sarah777 reinstated it and tagged it for citations etc, which is OK, but I'd generally prefer any such material to be kept on the talk page until citations are added. However, the absence of any attempt to balance the criticisms with An Post or the govt's position on constitutionality makes me think that it should be removed until balanced. It's not good for wikipedia's credibility to have unsourced POV material included like this, even when I personally agree with the criticism made. So I have removed it it again, and look forward to seeing a balanced and referenced section on his issue. --BrownHairedGirl (talk) • (contribs) 16:05, 6 November 2007 (UTC)
Don't really agree BHG, but as it is YOU have removed it......(Sarah777 21:16, 6 November 2007 (UTC))

[edit] Constitutionality of TV Licence enforcement practices

TV licensing regulations as they currently stand raise many constitutional issues, in light of Ireland's status as a constitutional republic.

  • The maintenance of a database of unlicenced address's breaches Data Protection legislation as An Post is abusing its mailing database by using it for other purposes. An Post also fails to remove address's from this database when requested to do so by the owners of said properties.
  • An Post works on a 'guilty unless proven innocent' basis with regard to unlicenced premises, a principle which has long been established as unconstitutional.
  • The Courts have held, in the case of Local Authority service charges, that charges cannot be levied where a service is not availed of. There is no reason why this principle would not apply to the TV licence in cases where no TV exists on a property.
  • The failure of the State to introduce legislation to allow property owners to have TV signals in the form of cable TV connections removed from their property without penalty or an exemption from the TV licence when no TV is possessed breaches the constitutional duty to favour all equally or not at all as it gives greater property rights to cable TV proprietors over other property owners. The State has not vindicated the property rights of homeowners by failing to legislate a requirement on cable companies to pay a rent for the commercial cable wayleave, to which most property owners have no say over.
  • Business premises only require one licence per address, regardless of the number of business's therein, by contrast, an apartment block or a house in flats requires a licence for each sub unit. This is a distinct favouring of one category of premises over another.
  • Enforcement of TV licencing in prison is zero. Each cell is akin to an apartment and therefore should be required to hold a TV licence.

[edit] coat hanger aerial

Removed this:

Therefore, it is practically impossible to not possess a TV licence, even when your premises do not possess a TV, as even a coat hanger can potentially be a TV aerial.

It's rubbish.

"Television set" means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.

Coat hanger cannot exhibit anything but coats. I grant you could make a schools-debate sophistry around "dependent on the use of anything else", but without a courtcase to cite it's just bunkum. jnestorius(talk) 18:43, 6 November 2007 (UTC)