Dáil debates

Wednesday, 30 November 2022

Online Safety and Media Regulation Bill 2022: Report and Final Stages

 

5:37 pm

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

Gabhaim buíochas leis na Teachtaí as ucht a gcuid leasuithe. As I set out on Committee Stage, I believe the intention of amendments Nos. 11 and 12 is already provided for in paragraphs (c) and (e) of section 7(3) of the Broadcasting Act, as substituted by section 7 of the Bill. Mar sin, ní mholaim glacadh leis na leasuithe seo. I will not accept amendment No. 13 because an coimisiún will undertake a comprehensive review of the provision of Irish language services across the media system on foot of a recommendation of the Future of Media Commission.

I thank the Deputies for proposing amendments Nos. 28 and 29. Section 19 of the Broadcasting Act 2009, as inserted by section 8 of the Bill, provides that an coimisiún may establish committees to assist and to advise it on matters relating to its functions or on such other matters as it may determine. The effect of the amendment would be to mandate an coimisiún to establish a committee that would monitor and report on compliance with obligations and propose recommendations on the use of the Irish language across the media. While I appreciate the intentions behind this amendment, I cannot accept it. I have some worries about mandating the establishment of multiple committees in legislation as, notwithstanding the language used, that tends to fix the subject matter of the committee to a moment in time. Accordingly, I am advised that it is more appropriate to allow an coimisiún the flexibility to define the terms of reference of any committee established pursuant to section 19.

I do not propose to accept amendment No. 34 because, as I said on Committee Stage, it may imply there is a hierarchy of objectives of an coimisiún. It is intended that an coimisiún fulfil all its statutory functions, from online safety to the promotion of programming in the Irish language, and set them out in its statement of strategy accordingly.

Amendment No. 53 would infringe on the editorial freedom of both advertisers and media service providers and, in any case, we are addressing this through section 10A of the Official Languages Act, as amended, which will, when commenced, require public bodies to spend at least 20% of their advertising budgets on Irish language advertisements, with at least 5% to be placed through Irish language media.

Amendment No. 36 seeks to make statutory provision for a consultation on the provision of a dedicated Irish language youth radio service. As I have previously noted during this Bill's passage through the House, I will not accept this amendment because the Future of Media Commission recommends that coimisiún na meán undertake a comprehensive review of the provision of Irish language services across the media system. The results of the review will inform the development of any actions necessary in this area.

Amendments Nos. 43, 48 and 50 are similar in intent to amendments proposed in the Seanad on gender and nationality quotas in respect of musical works. I carefully considered those proposals and, on foot of legal advice from the Attorney General, decided not to introduce any provision for them on Committee Stage but, instead, sought and obtained Government approval to draft amendments to provide that coimisiún na meán may make media service codes to promote gender balance on news and current affairs programmes broadcast by broadcasters and made available by providers of audiovisual on-demand media services and to promote the broadcasting of musical works that are composed or performed by women in programmes broadcast by providers of sound broadcasting services. The issue of quotas raises complex legal questions. There are already clear avenues for us to take action to support Irish language programming through increased funding and supports. For example, I have increased funding for TG4 by 40% since I entered office, from €37.2 million in 2020 to €52.2 million in 2023. That is the basis for my rationale for not accepting these amendments.

I thank the Deputies for amendments Nos. 65 to 67, inclusive. These amendments would have the effect of requiring media service rules relating to accessibility to reflect the needs of Irish speakers. While I fully welcome the intent behind the amendments, I am of the view that it would be appropriate to defer the introduction of such a measure until coimisiún na meán, on foot of a recommendation of the Future of Media Commission, undertakes a comprehensive review of the provision of Irish language services across the media system. This would allow coimisiún na meán to assess fully the capacity of the broadcasting sector in respect of the accessibility of Irish language content. This review could then inform future updates to the rules coimisiún na meán makes in respect of accessibility.

Mar a dúirt mé cheana, mar cheann de moltaí a rinne an Coimisiún um Thodhchaí na Meán ná go ndéanfaí athbhreithniú cuimsitheach ar sheirbhísí agus ábhar Gaeilge ar fud chóras na meán. Ghlac an Rialtas leis an moladh sin. Déanfaidh coimisiún na meán an t-athbhreithniú seo, agus táthar ag súíl go dtógfaidh sé 18 mí chun é a chríóchnú. Leag Coimisiún um Thodhchaí na Meán roinnt ceisteanna amach ina thuarascáil ar ceart don athbhreithniú díriú orthu, lena n-áirítear ról RTÉ, TG4, Raidió na Gaeltachta agus soláithrithe ábhair. Ina theannta sin, moladh go scrúdódh an t-athbhreithniú deiseanna do chomhoibriú agus do chomhpháirtíocht amach anseo, straitéisí le haghaidh rannpháirtíochta óige, cláir óige agus oideachas. Cé nár mhian liom talamh slán a dhéanamh de mhionsonraí athbhreithniú neamhspleách an choimisiúin, bheinn ag súil go mbeadh an próiseas leathan go leor chun na ceisteanna a d'ardagh an Teachta a chlúdú. Táim ag súil freisin go ndéanfaidh an coimisiún, go háirithe an coimisinéir um fhormhaoirsiú na meánagus an coiste Oireachtais plé ar an ábhar seo.

I thank Deputies Ó Snodaigh, Munster and Mythen for amendment No. 81. As I set out on Committee Stage, I cannot accept the amendment because it would be inappropriate to pick out only two EU languages in the context of this Bill transposing the audiovisual and media services directive. As important, though, the amendment would appear not to reflect the fact that Irish and English are separate languages and that a word or phrase which may be functionally equivalent in one language may carry entirely different implicit meanings or connotations in the other, which may cause either or both to fall within a particular category of harmful online content. I therefore cannot accept this amendment.

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