John Halligan (Waterford, Independent) | Oireachtas source

These amendments were accepted in the Seanad recently. I thank Deputies for their previous engagement on this important Bill. I hope we can conclude its passage through the Oireachtas today. While the Bill was progressing through the Oireachtas, my Department received representations from stakeholders regarding certain issues they had identified with it, as drafted. As a result, most of the amendments which are before the House were made to address those concerns and to prevent certain unintended consequences. In the case of amendments Nos. 1 and 2, stakeholders raised concerns that the new definition of broadcast was too broad in scope and could potentially be interpreted to mean that any Internet transmissions, including sound recordings, could now be regarded as a broadcast. This could impact on the sound recording producers’ exclusive right to make a work available. This was not the Department's intention when drafting the amended definition of "broadcast" so it was decided to clarify this by making technical amendments to the definition of "electronic transmission" in section 4 to clarify that sound recordings are not covered and to ensure that the rights holder's rights are protected. Amendment No. 2 provides for the insertion of a new section 5 which will ensure that there will be clarity regarding the Government's intentions. This explicitly states that the definition of broadcast will not prejudice the exclusive making available right.

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