I propose to take Questions Nos. 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121 together.
I propose to take question no. 40552, 40553, 40554, 40555, 40556, 40557, 40558, 40559, 40560, and 40561 together.
Government approved the publication of the Broadcasting (Amendment) Bill on the 19th May and it is scheduled for 2nd Stage in the Dáil tomorrow. The Bill was informed by the recommendations of the report of the Future of Media Commission (FOMC), the European Media Freedom Act (EMFA), and the Expert Advisory Committee on Governance and Culture in RTÉ.
The Broadcasting (Amendment) Bill will
enhance accountability, transparency and value-for-money in our public service media providers by:
• improving the legislative underpinning for the corporate governance of RTÉ and TG4, including by assigning the Comptroller and Auditor General as auditor of RTÉ; and
• reforming the system by which Coimisiún na Meán assesses the performance of, and recommends funding for, RTÉ and TG4.
Set out below are some of the amendments contained within the Bill, in line with the Deputies questions:
Coimisiún na Meán - Functions
Coimisiún na Meán’s existing powers and functions are:
• regulation of television, video on demand and sound broadcasting services in accordance with the provisions of the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act of 2022
• the development and application of Ireland’s Online Safety Code in accordance with the provisions of the Broadcasting Act 2009 (as amended), and enforcement of the Code and necessary supervision of regulated entities.
• act as Ireland’s Digital Services Coordinator under the provisions of the Digital Services Act.
• deciding whether hosting services are exposed to terrorist content under the Terrorist Content Online Regulation of 2024.
• implementation of the Transparency and Targeting of Political Advertising Regulation.
In relation to new powers I can advise the following addition functions are to be provided:
• the recently published Broadcasting (Amendment) Bill will clarify and strengthen An Coimisiún’s regulatory and supervision role with regard to public service media providers (RTÉ and TG4).
• The Media Regulation Bill will assign new responsibilities to An Coimisiún in relation to media mergers and the implementation of the European Media Freedom Act.
• An Coimisiún is also due to assume responsibility for the monitoring and enforcement of transparency provisions in the AI Act in respect of services that it already regulates, such as social media platforms and will act as a Market Surveillance Authority in relation to prohibited practices in respect of the same services.
Public Service Media
The Bill, when enacted, will replace the current 5-yearly review of the adequacy of public funding with a 3-yearly appraisal of funding and performance in which Coimisiún na Meán will identify the performance commitments and outputs and associated financial inputs, performance indicators and metrics which shall apply to RTÉ and TG4 for a 3-year period. The 3-yearly appraisal will be carried out in accordance with a methodology which shall be adopted by Coimisiún an Meán following a public consultation. The 3-yearly appraisal will also replace the annual statement of performance commitments prepared by RTÉ and TG4 under section 102 of the Broadcasting Act 2009, as Coimisiún na Meán, rather than the providers, will ultimately be setting performance commitments. Both the Report and Government response will be laid before each House of the Oireachtas.
As well as the 3 Yearly Review, Coimisiún na Meán shall carry out two annual reviews:
• the first due 30 June of each year which will examine the degree to which RTÉ and TG4 met their performance targets and received adequate funding in the previous year line with EMFA;
• the second due 31 October of each year which will examine compliance with various State aid requirements (such as separate accounting of public service and commercial revenues and expenditure)
The Bill provides that the cost of this mechanism may be recovered by levy on RTÉ and TG4 only, thus ensuring the cost will not fall on commercial television and radio broadcasters
Independent Programmes Account
In terms of the independent programmes account, the Bill provides that Coimisiún na Meán may, following a recommendation made in the context of the 3-year review of the adequacy of public funding and subject to Ministerial agreement, provide by order for a higher figure than 25% if appropriate.
Public Service Content
Coimisiún na Meán will carry out 3-yearly reviews of public service content (which is defined within the Bill) to assess gaps in public service content provision in the Irish and English languages and to recommend measures to address these gaps.
The Broadcasting Fund will be converted into a fund known as Ciste na Meán, which will continue to be funded on an annual basis by 7% of net TV licence fee receipts and Exchequer allocation, out of the resources available to Ciste na Meán, Coimisiún na Meán will prepare and operate public service content funding schemes to fund the production of new public service content and measures to develop the capacity of public service content providers.
Audience Council
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
Information-Gathering 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 an Online Safety Code. The Bill will extend this information gathering power to require regulated entities to provide information relating to compliance with the Digital Services Act (DSA), media service codes and rules and the Terrorist Content Online Regulation