Report on Pre-Legislative Scrutiny of the Revised General Scheme of the Broadcasting (Amendment) Bill: Motion

Deputy Joanna Byrne

I move:

That Dáil Éireann shall take note of the Report of the Joint Committee on Arts, Media, Communications, Culture and Sport entitled "Report on Pre-Legislative Scrutiny of the revised General Scheme of the Broadcasting (Amendment) Bill", copies of which were laid before Dáil Éireann on 17th September, 2025.

I am delighted to have the opportunity to discuss in the Dáil the report on pre-legislative scrutiny of the revised general scheme of the broadcasting (amendment) Bill, which was published in September of last year. The revised Bill was referred to the Joint Committee on Arts, Media, Culture, Communications and Sport by the Minister for Culture, Communications and Sport, Deputy Patrick O’Donovan, at the committee's first meeting, on 14 May 2025.

This report represents an opportunity for a once-in-a-generation step-change to the governance and support model of public service media in Ireland. The far-reaching significance of the report is reflected in the volume of work that has informed the committee and the volume of recommendations made by the committee.

Some of the major themes and provisions of the Bill addressed in the committee's recommendations include: the reform of corporate governance and performance measurement of public service media providers; meeting the needs of under-serviced audiences; a transition to multi-annual funding settlements; the new platform-neutral media fund; protection of employment standards; the role of public service media in investing in independent media; and the need for strong protections relating to copyright and intellectual property.

The committee engaged with 19 key stakeholders at four pre-legislative scrutiny meetings in public session. Written submissions were received from these stakeholders and a further nine stakeholders to assist the committee with its pre-legislative scrutiny. The stakeholders were invaluable in the scrutiny of this Bill and I will provide an overview of what was brought to light following their engagement.

The first was the inclusion of geography as a key criterion for supporting under-served audiences. Trusted media organisations must be sustained to guarantee meeting the needs of under-served regions and calls for the provision of schemes supporting local publishers, a fair share of State advertising, fair remuneration from big tech platforms for use of news content, and defamation reform.

There is a need for inclusion of human resources, trade union affairs and governance and risk as relevant areas of expertise on boards, noting that the tradition of appointing persons with industrial relations backgrounds has been diminished.

RTÉ welcomed the transition to multi-annual funding, which it states has enabled it to plan its transformation and give clarity to independent producers. Multi-annual funding gives certainty to public service broadcasters and independent production companies on the funding likely to be available, allowing for investment and development.

There are long-standing concerns about the regulatory gap relating to online forms of content. The proposal to extend Coimisiún na Meán regulations to all forms of content published by broadcasters was welcomed as it will prevent duplication and the risk of diverging regulatory decisions. Many stakeholders noted the benefits of increased spending on independent commissions and that, accounting for inflation, RTÉ investment in the independent sector is lower than in 2008. Screen Ireland noted that creating further opportunities for the independent sector will increase the sustainability of Ireland's screen sector.

The engagement allowed stakeholders to bring a number of important issues to the attention of the committee. These included the Community Television Association, CTA, and Community Radio Ireland, CRAOL. They stated concerns about the lack of specific recognition afforded to the community media sector in the revised general scheme. CTA and CRAOL stated that community media has a distinct legal status and that references to local and regional media in the Bill may be understood in a way that excludes community media from supports.

The National Union of Journalists, NUJ, raised a further issue of terminology, stating a preference for the term "private commercial sector" rather than "independent sector". NUJ stated that the term "independent sector" implies that in-house content produced by RTÉ and TG4 is not independent. Screen Producers Ireland noted the definitions applied in determining what constitutes an independent production company for funding purposes can have a significant impact on the ecosystem of the sector and called for any debate on definitions to take place with careful considerations of the current national and European debates on this issue.

The DCU Institute for Media, Democracy and Society questioned the definition of "public service user generated content". It welcomed the intent to permit public funding of content intended for online distribution but noted that the popular understanding of the term "user generated" may imply that funding could be afforded to non-professionals working outside of the appropriate regulatory structures.

Dr. Harry Browne stated that the definition of "public service content provider" is more limited than it appears as many producers of content are not regulated by Coimisiún na Meán or subject to a self-regulatory mechanism such as the Press Council of Ireland. He proposed that amending this restriction would be in keeping with the spirit of pluralism.

The written submissions and evidence presented to the committee resulted in a number of recommendations. I will briefly outline a number for the information of the House. Our report calls for a recognition of community media. This recommendation is born out of community engagement with CRAOL and CTA, which highlighted concerns to the committee regarding the lack of specific recognition afforded to the community media sector and stated references to local and regional media in the Bill will be understood in a way that excludes community media from supports. We agree that this needs to be addressed in recognition of the immense service community media provides in our communities throughout the State.

The committee recommends that Coimisiún na Meán be empowered to establish a dedicated media funds scheme to support existing public interest current affairs content at risk of becoming commercially unsustainable and that such a scheme should be assessed for state aid compliance on a stand-alone basis. Stakeholders expressed much concern and, indeed, confusion regarding the interpretation and implication of additionality rules. The committee believes ways must be examined to support public interest current affairs content that may be at risk.

Furthermore, our report calls for the introduction of a content levy in line with the Online Safety and Media Regulation Act 2022, which will be used to assist in the funding of the production of Irish content. This issue deserves serious consideration. It builds on a recommendation made by our predecessor committee, which also called for the expedition of such a levy being introduced. It was a common call from the wide-ranging stakeholders with whom we engaged.

The committee recommended that the protection and promotion of sustainable employment and the principle of equal pay for equal work should be included as a duty with the boards RTÉ and TG4. The committee also recommended that the Bill require RTÉ and TG4 to publish the objective criteria it uses to determine employment status and for using contracts of service and to ensure these criteria abide by the Karshan decision of the Supreme Court and the code of practice. The committee requested that the Minister, Deputy Patrick O'Donovan, considers the content of the report before the Bill commences the formal legislative process. The committee can speak with one voice in welcoming many of the broad principles of the Bill and share the commitment of the Minister to enhancing trust and support of our public service media. We present these recommendations in the hope that our report will be a constructive contribution to the drafting of the Bill and the reform of public service media in Ireland.

I welcome that colleagues across government and opposition have come together to recognise that the geoblocking of audiences, exclusion from competitions and erasure from maps of the Six Counties by RTÉ needs to be addressed. This recommendation was one of a number of Sinn Féin proposals accepted on a cross-party basis at committee and demonstrates a unity of purpose among Deputies and Senators to make sure national broadcasters serves the whole of the nation.

The committee also agreed with a Sinn Féin proposal that regional public meetings be held across Ireland, including in the Six Counties, as part of nationwide consultations by the audience councils of RTÉ and TG4 to ensure the input of audiences when providing feedback. I encourage the Minister to heed the call from Government colleagues to implement these proposals to end geoblocking and include audiences from across the island when he drafts the final Bill.

Minister of State at the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (Deputy Frankie Feighan)

Cuirim fáilte roimh an deis an tuarascáil ghrinnscrúdaithe réamhreachtach ar scéim ghinearálta athbhreithnithe an Bhille craolacháin (leasú) a phlé tráthnóna. Ar an gcéad dul síos, tugaim aitheantas don méid oibre atá déanta ag an gcoiste agus an tuarascáil seo á hullmhú. Ba mhaith liom aitheantas a thabhairt freisin don rannpháirtíocht fhairsing agus chuiditheach a bhí ag an gcoiste le páirtithe leasmhara.

I welcome the opportunity to discuss the pre-legislative scrutiny report of the revised general scheme of the broadcasting (amendment) Bill. I would like to acknowledge the amount of work the committee has done in preparing the report. I would also like to recognise the extensive and constructive engagement the committee had with key stakeholders. I thank Deputy Byrne for her submission and informative contribution.

The Minister, Deputy O’Donovan, obtained Government approval to publish the Bill on Tuesday. The Bill meets a key programme for Government commitment to enact new legislation to reform the corporate governance model of RTÉ. The Bill also implements the key legislative recommendations of the report of the Future of Media Commission, transposes those elements of the European Media Freedom Act that relate to safeguarding of the independence of public service media and implements the legislative recommendations of the expert advisory committee on governance and culture in RTÉ, chaired by Professor Niamh Brennan.

Taken as a whole, the Bill will enhance transparency, accountability and value for money in RTÉ and TG4 across five different areas. First, it will reform the statutory basis underpinning the corporate governance of RTÉ. A key element of this will be the assignment of the Comptroller and Auditor General as auditor of RTÉ to carry out annual audits of their financial statements and, where the Comptroller and Auditor General considers it appropriate, a value for money examination. The Bill will also make the director general of RTÉ directly accountable to the Committee of Public Accounts for RTÉ’s annual finance statements and value for money matters.

Second, the Bill will enhance the framework for assessing the performance and funding of RTÉ and TG4 by providing Coimisiún na Mean with greater authority to identify performance targets and hold RTÉ and TG4 to account for their performance.

Third, the Bill will provide a legislative basis for greater transparency in respect of the anonymised reporting of remuneration by RTÉ and TG4.

Fourth, the Bill will strengthen the role and independence of the audience councils of RTÉ and TG4.

Fifth, media service duties and codes that currently apply to broadcast content, such as those which apply to fairness, impartiality and objectivity in news and current affairs, will be applied to non-broadcast content.

The Bill is not only about public service media providers. We need diverse journalism and programming to be provided by diverse providers locally, regionally and nationally.

In our digital age and to reach the widest audiences, public service content cannot be confined to any single medium. For that reason, the Bill will convert the existing broadcasting fund to a platform-neutral fund known as Ciste na Meán, which will support the production, distribution and archiving of public service content across all formats by the wider media sector. This will ensure an enduring legislative basis for the continuing provision of high-quality programming and print journalism across our country. The Bill will also require RTÉ to allocate 25% of its public funding to commission audiovisual and audio programming from the independent sector. This target will no longer be confined to broadcast material but will also cover podcasts and audiovisual programming to be made available on the on-demand player.

In terms of regulatory powers, Coimisiún na Meán already has extensive powers to require information from a provider following the opening of a formal investigation. Outside of investigations and as part of its supervisory function, it also has the power to require, by notice in writing, a regulated provider to provide Coimisiún na Meán with information relating to compliance with the online safety code. The Bill will extend this information-gathering power to require regulated entities to provide information related to compliance with other elements of the online safety framework and media service codes and rules.

Following its establishment in May 2025, the Minister, Deputy O'Donovan, submitted the revised general scheme of the Broadcasting (Amendment) Bill to the Joint Committee on Arts, Media, Communications, Culture and Sport for pre-legislative scrutiny. As I said, I recognise the extensive consultation undertaken by the committee in its work. Each of the 85 recommendations in the pre-legislative scrutiny report reflects the serious approach adopted by the committee in carrying out its task. On receipt of the report of the committee, the Department of Culture, Communications and Sport carried out an analysis of each recommendation to assess whether it could be provided for in the Broadcasting (Amendment) Bill in the course of detailed drafting. The Minister provided a summary of this analysis to the Cathaoirleach in February and set out his intentions regarding the recommendations at that time. Following the publication of the Bill on Tuesday, the Minister wrote to the Cathaoirleach to provide an update.

In summary, the Minister considered that 68 of the recommendations made by the committee can be or already have been implemented. Of these, 34 have been incorporated in the Bill, with one recommendation to be addressed on Committee Stage and a further recommendation to be considered at that point following further analysis. Eleven recommendations can be implemented administratively by the Department, RTÉ, TG4 or Coimisiún na Meán, as appropriate, and 21 recommendations are already implemented in broadcasting legislation or were covered in the general scheme of the Bill. In terms of the remaining 17 recommendations, seven were considered more appropriate to legislation which has horizontal effect across many sectors, such as employment, tax, social insurance and copyright law. It was decided not to accept ten of the recommendations. On the media funding schemes and the assessment of the performance and funding of RTÉ and TG4, in terms of the specifics of the committee's recommendations, 17 related to the funding of the wider media sector and 11 related to the assessment of RTÉ and TG4 by Coimisiún na Meán. Thirteen of these have been addressed through the Broadcasting (Amendment) Bill.

In particular, I highlight that the Bill will now align the triennial appraisal of the performance and funding of RTÉ and TG4 by Coimisiún na Mean with the triennial review of public service content, so that the reviews will cover the years 2028 to 2030. Coimisiún na Mean will now submit both reports on 30 June 2027. The triennial appraisal of RTÉ and TG4 will identify the performance commitments, outputs, associated financial inputs, performance indicators and metrics which shall apply to RTÉ and TG4 for each three-year period and include a funding recommendation to Government on that basis. The triennial review of public service content will assess the position regarding the supply of such content on a national, regional and local basis by the wider sector. In line with the committee's recommendation, this review will now specifically include a review of public service content provision in the Irish language. It will also contain recommendations to Government on measures which could increase the supply of public service content.

Receiving both reports together will facilitate a coherent response that takes into consideration the funding needs of RTÉ and TG4 and the support needed to ensure the commercial sector provides sufficient public service content and, in particular, public interest journalism. The Bill further takes into account the committee's recommendations by requiring that both triennial reviews are submitted to Government no latter than six weeks after the annual budget and Estimates.

One of the key objectives of the Bill is to ensure and enable the support of a diversity of providers. To that end, and in line with the committee's recommendations, the Bill now specifies that Coimisiún na Meán may introduce funding schemes to promote the development of community broadcasters. Funding has already been secured for specific supports for community media, with an Exchequer allocation of €1 million in budget 2026.

I am conscious that there was an extensive discussion during the pre-legislative scrutiny of the requirement for additionality in media funding schemes and whether State support could be provided to fund existing activities undertaken by commercial media. This requirement stems from state aid rules and domestic guidance on the appraisal and implementation of public expenditure set out in the public spending code. The European Commission typically describes the additionality principle as requiring any state aid to change the behaviour of recipients in such a way that they carry out an activity that they would not carry out without the aid. Departmental officials set out the current technical position in a note to the committee in July 2025. There are very limited circumstances in which a scheme which supports the existing activities of the commercial sector would be compliant with state aid rules. Notwithstanding the complexities of designing such a scheme and difficulties of securing approval at EU level, we do not want to rule out the possibility in our domestic legislation. For that reason, the Bill now provides that schemes which support existing content may be funded from Ciste na Meán, in line with the recommendation of the committee.

The reform of the legislative underpinning for the governance of RTÉ and TG4 is at the core of the Bill. The functions and duties of the boards of RTÉ and TG4 will be strengthened in accordance with recommendations of Professor Niamh Brennan's expert advisory committee. This will include a specific function to put in place arrangements for the management and accountability of the directors general in their capacity as chief executive officers of the public service media providers. The Bill also provides for expanded functions and duties of, and accountability provisions for, the directors general of RTÉ and TG4. It also sets out the process for their appointment and dismissal in detail. In accordance with the European Media Freedom Act, the Government will no longer have a role in consenting to the appointment of a director general. However, the approval of the Minister and Minister for public expenditure will still be required to determine the remuneration and terms and conditions of employment of a director general.

The committee made nine recommendations in respect of corporate governance. A number of these related to matters already covered by employment law or the code of practice on determining employment status are not appropriate for media legislation. However, I emphasise that RTÉ must comply with all applicable employment, tax and social protection law. We have strong protections in law in this country and the Revenue Commissioners, the Department of Social Protection and the Workplace Relations Commission have issued clear guidelines in their respective areas. It is particularly important that RTÉ, as a State body, adheres fully to these laws and guidelines.

I will address the recommendation that the Bill provide explicit clarity that the restriction on directors general to comment on policy matters at the public accounts committee. It is without prejudice to their editorial independence as directors general. In response to this recommendation and as a general approach, the editorial independence of the directors general as editor-in-chief has been significantly expanded and clarified in the Bill.

At the same time, their accountability as chief executive officers for the administration of the providers to their board and to the Committee of Public Accounts has been strengthened. The Bill also provides for the responsibility of the director general, as editor in chief, to put in place a statement of principles and procedures to ensure high standards in its content and for compliance with the media services duties set out in law, such as fairness, impartiality and objectivity in news and current affairs. Both RTÉ and TG4 will continue to be accountable to Coimisiún na Meán, as regulator, for their adherence to these duties and any media service codes made by Coimisiún na Meán.

As public service media providers, RTÉ and TG4 are an essential part of the democratic, social and cultural life of our country. They play a vital role in providing programming that informs, educates and entertains, and in acting as sources of trustworthy and reliable information for the public. As we have been reminded this past week, to be effective our public service media providers must be trusted. This requires that they, in particular RTÉ, be open and transparent and demonstrate the very highest standards in corporate governance. The broadcasting (amendment) Bill will fundamentally reform the governance and regulation of RTÉ and provide a legislative foundation for RTÉ to rebuild the trust of the public.

Once again, I pay tribute to the work of the committee, which is demonstrated by the incorporation of many of its recommendations into the Bill.

An Cathaoirleach Gníomhach (Deputy David Maxwell)

As we have no other Members present for the debate, I call the Minister of State to make his closing remarks. He has ten minutes. I will then give Deputy Byrne ten minutes for her final remarks.

Minister of State at the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (Deputy Frankie Feighan)

I thank Deputy Byrne for her contribution this evening. It reflects the level of scrutiny already undertaken of the provisions of the broadcasting (amendment) Bill. In my opening statement, I did not have the opportunity to discuss some of the areas raised by the committee in the pre-legislative scrutiny report, so I will turn to those first.

The committee made 12 recommendations relating to the audience councils of RTÉ and TG4. The audience councils play an important role in representing the views of the people of the island of Ireland to the boards of RTÉ and TG4 in respect of the activities of the providers. The Bill will expand the role of the audience councils by providing for the independence of the audience councils of RTÉ and TG4 and the selection of members of both councils by Coimisiún na Meán following a public competition.

Eight of the committee's recommendations have been addressed through the broadcasting (amendment) Bill. In particular, the Bill now requires that RTÉ and TG4 must respond to every annual report prepared by an audience council, in addition to any special report. An audience council plays a role structurally distinct from that of Coimisiún na Meán as regulator, adding an additional and different level of accountability. The Bill clearly provides for those three separate and distinct roles.

In addition to strengthening the independence of the audience councils, the Bill seeks to ensure they are representative of the people of the island of Ireland, including certain under-served audiences, such as those who may be under-served by virtue of their age or where they live. In that context and in line with the recommendations of the committee, the Bill now provides for specific reference to ensuring membership of the councils of those who are under-served by virtue of a disability.

The Bill is intended to provide a robust legislative foundation for the growth in Irish-language programming and journalism. Central to this is a requirement that a minimum of 25% of funding disbursed through media schemes must be made available for Irish-language content. The committee made six recommendations aimed at further promoting the Irish language in the media sector, five of which the Minister has addressed directly in the Bill. In particular, the review of public service content undertaken by Coimisiún na Meán will now specifically include a review of public service content provision in the Irish language.

The Bill also provides that the Broadcasting Fund will remain Ciste na Meán rather than the media fund, as recommended by the committee.

Given that the Online Safety and Media Regulation Act was enacted only three and a half years ago, the Bill includes limited provisions for media regulation, focusing instead on ensuring that Coimisiún na Meán has sufficient powers to ensure the online safety framework and sufficient powers in bringing RTÉ's and TG4's non-broadcast content under the ambit of media service duties and codes.

However, there is one area I would like to take the opportunity to highlight. The committee recommended that provision be made in the Bill for the monitoring, reporting and setting of targets relating to airplay for Irish musicians on radio, including diversity of musical forms, artists and experience. As Deputies are aware, airplay quotas based on the nationality of a musician are contrary to European law. As an alternative, the Bill provides express authority to Coimisiún na Meán to make media services codes to promote a diversity of music composed or performed by persons with a connection with the island of Ireland on radio. It also provides that the codes include provisions to measure the level of diversity, which will enable us all to assess how radio broadcasters are performing in showcasing Irish musicians.

The main focus of the national reaction to the broadcasting (amendment) Bill has been on the appointment of the Comptroller and Auditor General as auditor of RTÉ. This is understandable given the events of the past week. The reports of the Comptroller and Auditor General on the annual financial statements of RTÉ and the direct accountability of the director general to the Committee of Public Accounts are central to the reform of RTÉ. The Minister, Deputy O'Donovan, is therefore hoping to progress the Bill and commence the relevant sections as quickly as possible to provide the necessary authority to the Comptroller and Auditor General to audit RTÉ's 2026 financial statements. However, as the extensive pre-legislative scrutiny report of the committee attests, this legislation is far-reaching and intended to comprehensively address transparency, accountability and value for money in our public service media providers and support for public interest journalism and quality programming more generally.

The provisions of the Bill are intended to be complementary and reinforcing. With regard to value for money, while the Comptroller and Auditor General will be auditing RTÉ's accounts on an annual basis, we are also strengthening the role of Coimisiún na Meán in assessing the annual performance of RTÉ and TG4 against the statutory public service remit.

On transparency, RTÉ will be required to publish information not only on the remuneration of staff and contractors but also on the cost of commissioning from the independent sector, including information on the contribution made to commissioning costs across the public sector.

On accountability, Coimisiún na Meán, rather than RTÉ and TG4 themselves, will now ultimately determine the performance commitments of our public service providers and will hold them to account for that performance.

The Bill, First Stage of which will commence shortly, reflects the vital role of pre-legislative scrutiny in our legislative process. The Bill takes account of many of the committee's recommendations and is stronger and more robust for it. I know that the Minister, Deputy O'Donovan, looks forward to working with the committee to bring the Bill through the legislative process to enactment.

Deputy Joanna Byrne

I thank the Minister of State, Deputy Feighan, for being here this evening, for his contribution and for his acknowledgement of the work of the committee over an extensive period in recent months. I also thank the Minister, Deputy O'Donovan, for acknowledging that work.

Given the controversies around RTÉ and the fact that it is back in the headlines this week, I very much welcome the decision that it will finally come under the remit of the Comptroller and Auditor General. It is just a shame that the Government voted down Sinn Féin's Broadcasting (Oversight of RTÉ Accounts) (Amendment) Bill only last year. We could have moved on this prior to this latest controversy in the headlines.

Regarding the response to the committee's report, given that the committee members are not here this afternoon, I am not going to speak for them. However, it should be noted that the Minister has acted on only 68 of the 85 recommendations of the committee. That leaves 20% of them not included in the Bill, which I believe we will debate on Second Stage next Thursday. Some of them are relevant to different sectors, including employment, tax, social insurance and copyright law, as outlined by the Minister of State. I understand that, but my understanding is that it has been decided not to accept ten of the recommendations. I am sure committee members will want to make their own contributions on this on Second Stage.

I will not hold everybody up too late. Suffice it to say it is disappointing that geo-blocking was not mentioned in either the opening contribution or closing comments of the Minister of State.

I understand they are not coming directly from the Minister of State himself but I sincerely hope that is not a reflection of the Government's intent with regard to this Bill. If it is, Deputy Ó Snodaigh and I have introduced the Broadcasting (All Ireland Service) (Amendment) Bill at First Stage and will have to pursue that if this is not included in the Bill next week. I put that on the record. I thank the Minister of State for his time. I know it is a busy week and there are other things going on. I appreciate his contribution.

Question put and agreed to.

Cuireadh an Dáil ar athló ar 4.41 p.m. go dtí 2 p.m., Dé Máirt, an 26 Bealtaine 2026.

The Dáil adjourned at 4.41 p.m. until 2 p.m. on Tuesday, 26 May 2026.

Dáil Éireann díospóireacht - Thursday, 21 May 2026