Oireachtas Joint and Select Committees

Tuesday, 3 October 2017

Joint Oireachtas Committee on Communications, Climate Action and Environment

Pre-Legislative Scrutiny of the General Scheme of the Broadcasting (Amendment) Bill 2017 and Retransmission Fees: Discussion (Resumed)

5:00 pm

Photo of Michael McDowellMichael McDowell (Independent)
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I think we have to take on board the last point which was made. There is an obligation to carry channels and an entitlement to pay, but there is no resolution system provided by statute. We forget that under copyright law in respect of recorded music, for instance, there is a system of working out what royalties are payable. There is a mandatory system whereby one can use recorded music and receive what is effectively a compulsory licence on the basis that somebody arbitrates the amount. I do not see such a system being put before us here. The two principles, that one must do something and that one must come to an agreement with somebody to pay for it, are inconsistent. We must make a choice. If there were to be such a system, there would have to be a mandatory arbitration system. Who will decide this? Will it be the Broadcasting Authority of Ireland, some Minister or some tribunal? I do not see it being a good idea.