Mr. Peter McCarthy:

I thank the committee for the invitation to speak today. Virgin Media welcomes the work of this committee on what is truly an important legislation. The committee already has our detailed submission of 18 March 2021. I propose to go through some summary comments this afternoon.

The Bill the committee is examining will establish a framework that is fit for the digital age, online and media content in Ireland where, through our own research, we know there are on average ten Internet-connected devices being used by every home in the country, in addition to mobile Internet, digital platforms and what is, as we know, the Internet, everywhere.

The regulation and restriction of harmful content is clearly one of the most important measures and intentions of the legislation. This is something we care very deeply about, having taken many initiatives of our own in this area, as outlined in our submission.

In particular, we are supportive of the sections of the Bill that will define categories of harmful content and that will extend those definitions, including measures for the protection of children from age-inappropriate content, the regulation of online user-generated services and video-sharing platforms. However, when it comes to Internet service providers, ISPs, like Virgin Media, it is truly essential for members to understand that ISPs provide actual infrastructure or means of connectivity - the cable, the fibre, the actual physical network that one accesses. This should not be confused with the regulation of hosted content. The intention behind Part 4 of the Bill, in terms of regulation, is principally to regulate online user-generated services and video-sharing platforms, rather than ISPs.

Two further points of interest include the proposed content levy and the ongoing need for the modernisation of broadcasting legislation. It is important that the levy imposed on regulated entities is fair and transparent, with all those who will be regulated paying their fair share. There is already a distortion in the market between licensed broadcasters and digital players, in terms of levies, revenue generation and advertising standards and regulations. To impose a levy only on traditional broadcasters would further compound this imbalance. The issue of levies is complex and, in considering their imposition, it is essential that over the top, OTT, and subscription video on demand, VOD, players are included in a levy system that also supports the continuing creation, production and availability of Irish-produced content.

Ireland needs to modernise its broadcasting legislation. The committee is aware of the work being done by the Future of Media Commission, as it looks to the future of public service broadcasting. This Bill which the committee is examining should encompass the findings of the Future of Media Commission to ensure that what is put in place will serve the audiovisual sector well into the future, including issues of licensing, the manner of funding of public service broadcasting and digital platforms for public service media, all of which we mention in our submission.

I thank the Chair and members of the committee.