A member of the Broadcasting Authority of Ireland (BAI) has rejected criticism of its decision to uphold a complaint of bias during a debate on the issue of same-sex marriage.

Speaking with Hugh Linehan on the Irish Times’ Inside Politics podcast, Professor Colum Kenny defended the BAI's ruling that because no opposing voice to same-sex marriage had been heard during the broadcast, it was "not fair, objective or impartial".

The complaint related to an episode of RTE’s The Mooney Show broadcast on January 20th, in which same-sex marriage was discussed.

“When it’s a hot topic like same-sex marriage, broadcasters do have to pay attention to that aspect of the law that says they shouldn’t be giving a specific, particular opinion,” he said.

The National Union of Journalists last week issued a statement critical of the BAI’s decision, which it said was “inimical to the public interest” and would put journalists “in a very difficult position in evaluating stories”.

Irish Secretary of the NUJ Seamus Dooley, also a guest on Inside Politics, criticised the BAI for warning broadcasters that the issue of same-sex marriage required balance in advance of a referendum on the issue. "I don't think that the BAI has the right to effectively editorialise and say, watch that one above everyone else, because we in our wisdom think that's a hot topic," he said.

Yesterday Professor Kenny, a DCU professor, issued a statement entitled “NUJ went wild on Mooney”, in which he accused the NUJ of having “unwittingly lined up with those who would like to dismantle the legal requirement for fairness in broadcasting”.

He added: “Those who want ‘cranks’ and others whom they regard as ‘unreasonable’ excluded from the airwaves ought to bear in mind that they themselves might be regarded as ‘nutters’ next time around.”

To listen to the debate on Inside Politics, log on to the show's Soundcloud page or subscribe for free via iTunes.