Mr. Adam Larragy:

I thank the committee for its invitation to discuss the proposed European Media Freedom Act, EMFA, today. I am the principal officer in the media policy and development unit of the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media. I am joined by my colleague Mr. Luke Devoy, assistant principal officer. On 16 September 2022, the European Commission published a proposal for a new regulation, the European Media Freedom Act. The core objectives of the proposal are to strengthen the Internal Market for media services and to protect media pluralism and independence. The proposed regulation seeks to accomplish this by harmonising different national rules and procedures relating to media freedom and pluralism. The proposal builds on the findings of the European Commission's annual rule of law reports and on the regulatory frameworks established by other EU legislation, namely, the audiovisual media services directive and the Digital Services Act.

I will provide a brief summary of the key provisions of the European Media Freedom Act. The proposal aims to ensure the editorial freedom of media services providers; the protection of journalist sources; and the independence of individual editorial decisions within media service providers. It includes, for example, safeguards regarding the use of spyware and other forms of surveillance of journalists. The proposal also provides for a range of specific protections for the independence of public service media. This includes provisions aiming to ensure stable and adequate funding for public service media providers and transparent appointments to key positions in those providers. To strengthen co-operation between national regulators, the proposal provides for the establishment of a new European board for media services comprised of national regulatory authorities. This would replace the existing European regulators group for audiovisual media services, expanding its powers and formalising co-operation between regulators.

Regarding media access through online platforms, the proposal includes safeguards against the removal of media content produced by providers adhering to minimum regulatory or self-regulatory standards. Large online platforms that intend to take down legal media content from such providers will have to inform them in advance of their reasons for doing so and prioritise complaints from such providers. The proposal also requires members states to assess the impact of media mergers on media pluralism and independence. Member states must also ensure that any legislative, regulatory or administrative measures they take which might affect the media are duly justified and proportionate. Finally, the proposal seeks to improve the transparency of media ownership; audience measurement systems; and the allocation of State advertising to media.

The Minister, Deputy Catherine Martin, met with Commissioner Jourová, the Commission Vice-President leading on the proposed regulation, last month. The Minister took the opportunity to broadly welcome the Commission's proposal and to emphasise that Ireland has a strong constitutional and legislative foundation for the freedom of expression and safeguarding of media independence. Various measures proposed through the European Media Freedom Act such as a robust media mergers regime and the legislative protection of the independence of public service media are already important elements of our existing domestic framework. However, the Minister also noted that some of the detailed provisions of the EMFA will require careful and detailed consideration. In particular, the Commission has proposed that the European board for media services would have the power to issue opinions as to whether national regulatory bodies are taking necessary measures to enforce obligations on video-sharing platform services. In Ireland, this could see the board issue an opinion on the manner in which the new Irish regulatory authority, coimisiún na meán, regulates major video-sharing platform services, many of which are based here. Negotiations on the proposed regulation commenced among member states at official level in the audiovisual and media working party last month. Member states have raised a number of important queries regarding the European Media Freedom Act both on individual provisions and on the legal basis of the proposed regulation itself. Given the complexity and novelty of what has been proposed by the Commission, these negotiations are expected to continue well into 2023. I thank the members of this committee for inviting us to appear here today. We welcome any questions members may have.