Unfortunately, the only way that a decision can be challenged is by Judicial Review, through the courts. This is a very limited and narrow process. It is also a protracted and hugely expensive one, which we undertook only very reluctantly and in the knowledge that, from the beginning, the odds were heavily stacked against us. We would never have taken the case if we hadn’t felt very strongly that there were issues of principle involved. However, the court has now made its decision, deciding 2-1 in favour of the BCI.
While we haven’t had time to read the judgements thoroughly, we note the dissenting judgement of Mr. Justice Kearns. The fact that our position has been vindicated within the judiciary confirms that it was appropriate, in the public interest, to have this case heard.
Obviously we are very disappointed with the result.
On the plus side, the process – which has absorbed a lot of time and resources, as well as money – is now at an end and we can move on, free of the cloud that it has cast over other activities for everyone involved in Zed FM.
It was our view from the start that the manner in which the alternative rock station deals with its responsibilities in relation to Irish music will be of critical importance. Zed FM had committed to playing approximately 50% more Irish music than Phantom during the daytime hours and in excess of 25% more overall.
The fact is that Irish music needs a station in Dublin that plays a significant volume of original music, and in particular lots of music by unsigned bands – especially during daytime hours. Like everyone with a genuine commitment to Irish artists of a non-mainstream variety, we would like to see this being a real priority for Phantom.
What is most important now is that music fans will finally have an alternative rock station to listen to in Dublin.
There are good people on the Phantom FM team and we now wish them all the best in their campaign to get the station up and running successfully.

[issued by Zed FM/Scrollside Ltd]