Eamon Ryan (Dublin South, Green Party)

Section 30 of the Broadcasting Act 2001 provides that no person within the jurisdiction of the State can supply a satellite television service for reception in the State or elsewhere unless he or she has a satellite content contract from the Broadcasting Commission of Ireland. Section 71 of the Bill before the House amalgamates satellite content contracts and several other contract types into a single contract format, the content provision contract. Section 77 of the Bill addresses the issue of rights of carriage of RTE, TG4 and television service programme contractors, such as TV3, on broadcasting platforms, also known as the "must carry" requirements. "Must carry" is a concept long established in both domestic and European law and is based on the idea that certain television channels should be made available to the public on any television platform in a particular jurisdiction. These channels are generally the public service channels, and the intention is that all television viewers, regardless of platform, should have access to them. This reflects the fact that viewers may already have paid for these channels, for example, by means of the television licence fee or that it is appropriate that certain channels should always be available in the context of cultural identity and diversity and media pluralism.

In Ireland the must-carry channels have traditionally been RTE, TG4 and TV3. In respect of cable systems, community channels are also granted must-carry rights. Section 77 rewrites the framework around the must-carry provision and updates it in line with European law and terminology. The Bill, as amended on Committee Stage, requires that the primary channels, namely, RTE, TV3 and TG4, will be carried on all suitable electronic communications networks that supply television broadcasting services, where such networks fall under Irish jurisdiction. These include cable, IPTV, mobile and MMDS and satellite. Section 77(7) provides that the network provider, subject to the must-carry provision, may not levy an additional fee on viewers in order that they might view the must-carry channels, such as, for example, RTE, TG4 or TV3. In such circumstances, I cannot accept the amendment.

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