Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

Amendments Nos. 48, 62, 64 and 84 would have the effect of setting quotas for the provision of broadcast content and the proportion of advertisements that must be in the Irish language. Deputies may be aware that a number of amendments were proposed on Seanad Committee and Report Stages regarding gender- and nationality-based quotas in respect of musical works on sound broadcasting services and a quota for participation on news and current affairs programmes. I indicated to Senators at the time that I would carefully consider those proposals.

On foot of legal advice from the Attorney General on the proposed quotas considered on foot of the Seanad Stages of the Bill, I decided not to introduce any provision for them here on Committee Stage. Instead, the Government agreed that an amendment should be drafted to provide that coimisiún na meán may make media service codes to promote gender balance on news and current affairs programmes broadcast by broadcasters and made available by providers of audiovisual on-demand media services, and to promote the broadcasting of musical works that are composed or performed by women in programmes broadcast by providers of sound broadcasting services. I intend to introduce these amendments on Report Stage. I raise this now in this context because the advice of the Attorney General has a bearing on my approach to the issue of placing binding quotas for certain types of content in primary legislation.

Amendment No. 48seeks to impose a general duty on audiovisual media service providers and sound broadcasters in the State to promote the Irish language and requires coimisiún na meán to examine the feasibility and merit of setting out minimum requirements for the provision of content in the Irish language through television programme service and sound broadcasting contracts. As Deputies will be aware, the duties placed on broadcasters through Chapter 2 of Part 3B of the Broadcasting Act, as inserted by section 9, are intended to protect the rights of audiences and individuals rather than to compel broadcasters to take a particular action.

On quotas, as the advice received from the Attorney General in respect of gender-based quotas I referred to earlier indicates, there are a series of complex legal questions associated with quotas relating to competition law and freedom of expression. There are already clear avenues for us to take action to support Irish language programming through increased funding and supports. For example, I have increased funding for TG4 by 40% since I entered office, from €37.2 million in 2020 to €52.2 million in 2023. I agree that we should explore what further steps should be taken to promote the Irish language. These could include making express provision through media service codes, as I intend to do on Report Stage, regarding the promotion of gender balance and musical works composed by or performed by women. However, I do not agree that an amendment requiring a report to be prepared is appropriate, given that coimisiún na meán will be undertaking a comprehensive review of the provision of Irish language services across the media system. I believe that we should await the results of the review and accordingly cannot accept the amendment.

Amendment No. 62 would set a quota on sound broadcasting services regarding time dedicated to music containing lyrics, mostly in the Irish language, from 5% from 2026 rising to 10% from 2031. The amendment would also provide that 40% of music broadcast in the English language should be reserved for musical works composed by at least one Irish or European Economic Area national. I am strongly supportive of the promotion of Irish music and compositions performed in Irish on our broadcasting services. Ireland has a strong and vibrant music sector, which is recognised across the world. As Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, I am keen to ensure appropriate supports are in place to nurture and protect this sector further.

However, following the advice of the Attorney General received regarding gender-based quotas, I am acutely conscious of the legal and other factors that must be taken into account when considering the feasibility of introducing airplay quotas. I understand the Deputies have drafted the amendment to seek to ensure compliance with EU law, as a language-based airplay quota has been successfully introduced by the French authorities, for example. From a policy perspective, the potential benefit to music production in Ireland must be balanced with the rights of broadcasters, subject to their contractual or regulatory obligations, to determine the type of content they wish to broadcast and to ensure commercial revenue, particularly in the context of the current media climate. I do not think the legal or policy complexities can be resolved in the timeframe of this Bill and, accordingly, I cannot accept the amendment. However, this is a matter that can be considered in the context of the comprehensive review of the provision of Irish language services across the media system.

Amendment No. 64would require audiovisual media service providers, including broadcasters, to ensure that at least 20% of advertisements made available on the service would be in the Irish language from 2026. As I indicated earlier, we have already placed a duty on public bodies to ensure that at least 20% of advertising placed is in the Irish language. In addition to concerns regarding the legal complexities of any quotas, this amendment may have a number of unintended effects that would require careful consideration. First, the measure could reduce the revenues that broadcasters could earn if there is not a sufficient supply of Irish language advertising from advertisers to produce content in the Irish language. For example, if a broadcaster currently broadcasts 95% of advertisements in English, a 20% quota could lead to a significant drop in advertising revenue, if advertisers do not first correspondingly increase their production of Irish language advertising and price it accordingly. There is also a risk that there comes to be, in effect, two advertising pricing structures, one for English language advertising and one for Irish language advertising. Second, given the country-of-origin principle that underpins the audiovisual media services directive, this requirement could only apply to audiovisual media service providers registered or licensed here in Ireland. Accordingly, services regulated in other member states that target Irish audiences would not be bound by the quota, potentially increasing their share of revenue earned from advertisingvis-à-vis Irish services. As the broadcasting sector in particular already faces significant challenges to advertising revenues due to the change in ways that content is consumed, I am of the view significant analysis and consultation with stakeholders would be required before considering such a change. Accordingly, I cannot accept the amendment.

Amendment No. 84would require that sound broadcasting service contracts and television programme service contracts include a provision requiring broadcasters to provide at least 30 minutes of programming in Irish between the hours of 9 a.m. and 6 p.m. I will not accept this amendment today. As with the Deputies' other proposed amendments, this is a matter that could be considered by the comprehensive review of the provision of Irish language services across the media system that will be undertaken by coimisiún na meán.