Oireachtas Joint and Select Committees

Wednesday, 23 March 2022

Joint Committee on Tourism, Culture, Arts, Sport And Media

Broadcasting Authority of Ireland: Discussion with Chairperson-Designate

Ms Celene Craig:

In previous submissions the BAI made to the Government, and we continue to hold this view, we stated that a whole suite of regulatory tools needs to be made available to the media commission, including the most significant and serious types of sanctions for the more egregious forms of breaches.

That whole suite of regulatory tools is desirable. However, not dissimilar to the approach that the BAI has taken over the course of many years, we have also found it helpful to work in a constructive way with regulated entities as well, and consulting with them for example as well as public consultation, when it comes to the content and the workability of codes, guidance to ensure that they understand the objective to be achieved and actually have practical ways to give effect to that. There are ways of working constructively and we believe that twin-track approach to regulation has served us well as a regulator over the years, strongly stressing that not being afraid to take significant and strong action where that is required. We are not afraid to use enforcement powers where they are required. I think a proportionate approach to regulation, especially in a new situation, is to try to ensure that platforms work with the regulator to ensure they can comply with the highest standards with the type of regulation that is envisaged and the policies, codes and rules that will be set by the media commission. It is a two-track approach but that full suite of sanctions needs to be available to a media commission to ensure that where there are egregious breaches of the legislation or the policies and codes, that it can take appropriate action.

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