Ms Tríona Quill:

I thank the Chair and members of the committee for the invitation to attend today. It is the role of the Department to assist the Minister in putting in place a robust legislative framework supporting a well-resourced and effective regulator. This provides the foundation to support a free, editorially independent, professional and plural media sector that is trusted by the public. The legislative framework comprises several elements: broadcasting, video-on-demand and online services regulated under the Broadcasting Act 2009, as amended; other online content is regulated under various legislation, notably the Digital Services Act. Finally, the Press Council is an independent body established under the Defamation Act 2009, and it regulates member organisations from the print media.

I will give a brief overview of the main provisions of the regulatory framework that come within the Department’s remit. Part 3B of the Broadcasting Act 2009 was recast under the Online Safety and Media Regulation Act 2022 to provide for the regulation of video-on-demand services as well as broadcasting. It imposes duties and codes on sound broadcasters, in other words, licensed radio stations, and relevant media service providers, that is, licensed television and certain video-on-demand providers. Podcasts that are solely audio in nature are not covered under the current legislation. In section 46L under Part 3B of the Act, broadcasters and relevant media service providers are required to ensure in programmes they make available, that news is reported and presented in an objective and impartial manner and without expression of the broadcaster’s own views. In addition, they must ensure that the treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned, and that the matter is presented in an objective and impartial manner and without expression of the broadcaster’s or provider’s own views.

Coimisiún na Meán has in place a media service code of fairness, objectivity and impartiality in news and current affairs in respect of radio and television broadcasters, the purpose of which is to ensure that, inter alia, broadcasters under the jurisdiction of the State comply with the provisions of section 46L of the Act. The code includes obligations on broadcasters to have and implement appropriate policies and procedures to address any conflicts of interest that may exist or arise with anyone with an editorial involvement in any news or current affairs content.

Complaints may be made to the broadcaster or relevant media service provider, and ultimately to Coimisiún na Meán, regarding any breach of those duties or codes. The general scheme of the broadcasting (amendment) Bill proposes to extend the duties of impartiality and objectivity set out in section 46L of the Broadcasting Act to all content published by RTÉ and TG4, for example podcasts and website material. The detailed application of those duties will be set out in public service media specific codes made by Coimisiún na Meán.

Since 2023, the State has provided funding through Coimisiún na Meán for a number of competitive schemes to support the production of news and current affairs. The general scheme of the broadcasting (amendment) Bill proposes to put in place detailed legislative scaffolding around the schemes and provide an enduring legislative basis to fund public service content on a platform-neutral basis.

Head 23 of the general scheme requires Coimisiún na Meán to have regard to the need "to ensure the provision of objective, accurate and independent coverage of news and current affairs" when making any scheme.

It is clear that the media landscape has in recent years undergone and continues to undergo significant change and upheaval. New providers have entered the market in terms of both content provision and hosting of services. These changes are reflected in the frequency and breadth of new legislative and regulatory provisions at EU and national level to keep up with the changes in the market and ensure a media sector that can continue to meet public expectations for impartial and objective information on news and current affairs. One significant legislative review that has commenced at EU level is the evaluation of the audiovisual media services directive, AVMSD, on which much of the regulation of the media market in Ireland is based. The Department and Coimisiún na Meán are engaging with the European Commission on this review, which must be finalised before the end of 2026. The outcome of this is likely to include amendments to the directive to respond to an ever-changing media landscape.