Pa Daly (Kerry, Sinn Fein) | Oireachtas source

I move amendment No. 49:

In page 53, between lines 5 and 6, to insert the following: “Sound Streaming Media and Music Sharing Platform Services

46LA.(1)The Commission shall, no later than one year after its establishment, designate as a category of services the sound streaming media and music-sharing platform services under the jurisdiction of the State.

(2) The Commission shall designate as a named service under this section any relevant online service that appears to the Commission to be a sound streaming media and music-sharing platform service provided to members of the public within the jurisdiction of the State for a fee.

(3) Where the Commission has reason to believe that a relevant online service may be a sound streaming media and music-sharing platform service under the jurisdiction of the State, the Commission shall issue a notice requiring the provision of any information that appears to the Commission to be relevant for the purpose of complying with subsection (2).

(4) The Commission shall make rules for determining whether a sound streaming media and music-sharing platform service provider has such a low turnover or low audience as to mandate its exemption from the rules under this section.

(5) In making rules under subsection (4), the Commission shall have regard to any relevant characteristics of the market in which a sound streaming media or music-sharing platform service provider under the jurisdiction of the State provides a sound streaming media or music sharing platform service, including—

(a) the turnover of the provider from the service in the market, as a proportion of the total turnover of providers of sound streaming media and music-sharing platform services from those services in the market, and

(b) the number of audience members of the service in the market, as a proportion of the total number of audience members for sound streaming media and music-sharing platform services in the market.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) A failure to comply with subsection (1) or any rules made under subsection (6) is a contravention for the purposes of Part 8B.

Sound & Music Media Levy

46LB.(1)An annual levy shall be imposed on all named service providers designated under section 46LA(2)*, unless exempted under section 46LA(4)*, of between 3 and 20 per cent of the net annual revenue post-tax derived within the jurisdiction of the State by that company for the provision of sound streaming media and music-sharing platform services, through subscriptions, advertising or other associated incomes, for the year previous.

(2) The proceeds of the levy described in subsection (1) shall be provided for a scheme of funds to be administered by the Arts Council and granted to provide support for the following purposes:

(a) the creation, production and performance of music that qualifies as music of Irish cultural expression across a wide range of musical genres;

(b) sound broadcasting licence holders to commission or produce programmes or radio content promoting and airing music of Irish cultural expression across a wide range of musical genres.

(3) For the purposes of this section, music of Irish cultural expression is defined as any performance or work of music that satisfies any two or more of the following conditions:

(a) the music or lyrics are composed or written by a resident of the island of Ireland or associated small offshore islands;

(b) at least one of the artists involved in the performance of the music is a resident of the island of Ireland or associated small offshore islands;

(c) the performance is recorded entirely on the island of Ireland or associated small offshore islands or performed wholly and broadcast live on the island of Ireland or associated small offshore

islands;

(d) the majority of the lyrics are in the Irish language.

(4) The scheme outlined in subsection (2) shall allocate not less than 25 per cent of its annual funds for the creation, production, promotion and airing of music of Irish cultural expression with lyrics in the Irish language, and this shall be distributed across a wide range of musical genres.”.

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