Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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8. To ask the Minister for Culture, Heritage and the Gaeltacht the status of the establishment of the media commission; and if she will make a statement on the matter. [10439/22]

Imelda Munster (Louth, Sinn Fein)
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13. To ask the Minister for Culture, Heritage and the Gaeltacht if she will provide an update on the establishment of the media commission; the expected timelines and other relevant details; and if she will make a statement on the matter. [10217/22]

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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We all know that the media landscape has changed dramatically in recent years, so I wish to ask the Minister today about the status of the establishment of the media commission.

Catherine Martin (Dublin Rathdown, Green Party)
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I propose to take Questions Nos. 8 and 13 together.

The Online Safety and Media Regulation Bill 2022 will, when enacted, formally dissolve the Broadcasting Authority of Ireland, BAI, and establish a new regulator, coimisiún na meán, which will be responsible for overseeing the regulation of broadcasting and video on-demand services and the new regulatory framework for online safety. Coimisiún na meán will also have functions relating to the promotion of an open, trusted and pluralistic media and online environment, including research, education, media literacy, the protection of children, and journalistic and creative supports. Part 3 of the Bill sets out the legal basis for the establishment of an coimisiún, including its powers and functions, the membership of an coimisiún as a multi-commissioner body led by an executive chairperson and matters relating to the staffing and superannuation of an coimisiún. It also sets out the accountability of an coimisiún to the Oireachtas and provides for the independence of an coimisiún in the exercise of its functions. Given that infringement proceedings have been launched against Ireland for the delay in the transposition of the revised audiovisual media services directive, which will be given effect in Irish law by the Bill, I am keen to see the Bill enacted by the summer recess. This would pave the way for the formal establishment of coimisiún na meán by ministerial commencement order in the second half of this year.

A key milestone in the progress of the Bill through the Houses was marked on Tuesday, when I had the opportunity to complete Second Stage of the Bill in Seanad Éireann. That debate provided an opportunity for me to set out what I believe are the most important provisions of the Bill, including the establishment of an coimisiún, and for me to listen to the perspectives of Senators from all sides of the House. Based on that debate, and the widespread recognition of the importance of the Bill, I am confident that we, as parliamentarians, can complete our consideration of the Bill by the summer. I acknowledge that this is an ambitious timeline for a Bill of this scope and scale. However, I believe this will still allow us to give extensive consideration to the Bill on Committee and Report Stages in both Houses. I know that Members of both Houses are as committed as I am to the enactment of the Bill and to the formal establishment of an coimisiún and the commencement of its operation.

Given the importance of an coimisiún, the Government has approved its establishment on an administrative basis prior to the enactment of the Bill. While an coimisiún will, as set out in the Bill, ultimately be funded through levies on regulated services, I secured €5.5 million in budget 2022 to provide start-up funds to resource the establishment process. A programme of work is now under way to secure the recruitment of key staff with the relevant skills and expertise to establish and lead an coimisiún and to lay the groundwork for the commencement of its regulatory functions. This includes managing the transition of Broadcasting Authority of Ireland staff and functions to an coimisiún, while at the same time ensuring the continuity of existing broadcasting regulation set out under the Broadcasting Act 2009.

The recruitment of the senior staff who will lead and manage coimisiún na meán is a priority. Work is currently under way between my officials and officials from the Department of Public Expenditure and Reform and the Public Appointments Service, PAS, to secure the recruitment of those staff, including the executive chairperson and online safety commissioner, through open, transparent, and effective public competitions. As provided for by Part 3 of the Bill, the recruitment of the commissioners and executive chairperson will be carried out by the PAS. I would expect that these critical posts would be advertised in the second quarter of 2022 at the latest. Part 16 of Bill provides for the dissolution of the BAI and the transfer of its regulatory functions, assets, rights and liability, and its staff to an coimisiún. In this context, it is important to note that the Bill specifies that BAI staff will transfer over on their existing terms and conditions. The dissolution of the BAI and the transfer of its staff will take place following the enactment of the Bill and commencement of the relevant provisions.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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As we know, people rely on newspaper, TV, radio and online platforms to find out about local and national issues, to inform them about current affairs, to showcase our culture and especially to reach out to our Irish abroad and to bring the nation together at times of national celebration and reflection. I rely heavily on my own local media such as KCLR, The Nationalistand the Carlow People. I see how these traditional broadcasters and newspapers in Carlow are facing new and increased pressures. We need a media that informs, entertains and reflects us as a people and delivers value for money. How can we protect and enhance independent journalism and ensure creative artists have a platform to showcase our culture to the country and to the wider world? This is a significant issue for me. Disinformation is on the rise. Sustainable and impartial journalism has never been more important. That is why it will be important to have the Online Safety and Media Regulation Bill. I welcome the commitment the Minister has given that the Bill will be enacted by the summer or the end of this year. The timescale on this is of the utmost importance.

Imelda Munster (Louth, Sinn Fein)
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My question was prompted by comments from the Minister on the establishment of the media commission, which indicated that the process would begin ahead of the passing of the Bill. The committee has corresponded with the Minister, as it appears that we are in a vacuum currently in terms of the commission and the Bill. We know that the staff of the BAI will be transferred, but is the Minister saying that the recruitment process has started or that it will not happen until the second quarter of this year? Are we looking at the second half of this year before the commission will be established?

Catherine Martin (Dublin Rathdown, Green Party)
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Disinformation is a significant and complex issue, as Deputy Murnane O'Connor has said, and requires a distinct and targeted response. The EU is currently reviewing the code of practice on disinformation in order to strengthen it and to link it to the forthcoming Digital Services Act, which will set out the standards for platforms in dealing with the issue. The code of practice is a European Commission initiative which involves a range of online platforms, including social networks and advertising industry players, signing up to the self-regulatory standards to fight disinformation. The Commission intends that the code will evolve into a co-regulatory instrument under the Digital Services Act. In addition, the European Commission has established the European Digital Media Observatory, including a hub here in Dublin City University, which has been tasked with monitoring the implementation of the code.

In response to Deputy Munster, I do not see the vacuum. The Bill was before the House and has completed Second Stage in the Seanad. It is very much to do with the importance of establishing the commission that we have approved its establishment on an administrative basis prior to the enactment of the Bill, and I have spoken about that several times. That is why I secured the €5.5 million. My intention is that the Bill will be enacted and we will have this commission set up.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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When that Bill is enacted and the BAI is formally dissolved, the new regulator, coimisiún na meán, will be established. This is important because it will be responsible for overseeing the regulation of broadcasting, video on-demand services and the new regulatory framework for online safety set out in the Bill. It is essential from both an operational and reputational standpoint that the commission has sufficient staff with experience and skills that are at an appropriate level in order to effectively carry out its regulatory functions. How will the Minister ensure that the commission has the required skills needed for such a wide remit and to cover the specific area of online safety as set out in the Bill? How will we ensure the voice of those most directly impacted by the work of the commission - the general public - will be integrated into its work?

Imelda Munster (Louth, Sinn Fein)
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Yesterday, we had Frances Haugen, the Facebook whistleblower, at the media committee. She was very clear about the responsibility of Ireland in terms of regulating social media effectively and having a regulator with real teeth. She stressed time and time again the need to ensure sufficient resources are available to address these issues because it is a completely new regulatory environment in terms of the tech giants, where we are starting pretty much at zero. Will the Minister expand on the funding situation? What level of funding does she expect to come from the content levy, what level of funding will come from the Government and what sort of increase does she expect in regard to staff numbers?

Catherine Martin (Dublin Rathdown, Green Party)
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I want to address the previous issues that I did not get to conclude. I have provided €5.5 million to commence recruitment of staff. The aim is to pass the Bill by the summer. With regard to recruitment, officials are engaging with the PAS and the Department of Public Expenditure and Reform. I expect to advertise for the key commissioner posts in coimisiún na meán in the second quarter of the year.

Deputy Murnane O'Connor asked about resourcing. Given the importance of an coimisiún, we approved the establishment on an administrative basis prior to the enactment of the Bill so we can move quickly with this. That is why I secured €5.5 million in the budget to provide the start-up funds to resource the establishment process. A programme of work is now under way to secure the recruitment of key staff who will have the relevant skills and expertise to establish and manage an coimisiún. This includes the recruitment of the online safety commissioner through an open, transparent and effective process managed by PAS. An coimisiún will ultimately be fully funded by the industry levy.