Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

The Competition and Consumer Protection Act 2014 gives the Minister for Communications, Climate Action and Environment the responsibility for assessing proposed media mergers and empowers the Minister to prevent any merger that is deemed likely to be contrary to the public interest in maintaining the plurality of media in the State. There is no retrospective element to this legislation. Attempting to intervene in the operation of a media business when no merger is planned would be difficult and, given that the purpose of the legislation is to safeguard media pluralism, is likely to be counter-productive.

Applying a retrospective element to the legislation could, effectively, mean empowering a Government Minister to interfere in the operation of any media organisation at any given time. This would raise a number of difficult questions about preserving the freedom and independence of the press even before one considers the legal and constitutional complexities associated with retrospective action of this kind.

In my view, the reforms introduced in the Competition and Consumer Protection Act 2014 have struck the correct balance in this area and are working well and, as a result, I am confident that we have a robust and effective set of measures in place to support and encourage a plural and diverse media.

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