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Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 50: In page 49, line 34, to delete “Part,” and substitute “Part—”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 51: In page 49, line 34, after “Part,” to insert the following: “ ‘party political programme’ means a programme broadcast, or made available in a catalogue of an audiovisual on-demand media service, by or on behalf of a political party for the purpose of promoting the political party; ‘political party’ means a...

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: The term "programme" was used in lieu of the term "broadcast" to ensure that it encompassed both broadcasts by broadcasters and programmes made available by a relevant media service provider, in other words, to ensure that it covered both party political broadcasts on RTÉ 1 and on the RTÉ Player.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 52: In page 50, line 5, to delete “million.” and substitute “million;”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 53: In page 50, between lines 5 and 6, to insert the following: “ ‘relevant service’ in relation to a relevant media service provider means an audiovisual on-demand media service provided by that provider.”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 54: In page 50, line 6, after “in” to insert “paragraph (c) of the definition of ‘relevant media service provider’ in”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 55: In page 50, line 6, to delete “(c)”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 56: In page 50, line 22, after “in” to insert “paragraph (c) of the definition of ‘relevant media service provider’ in”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 57: In page 50, line 22, to delete “(c)”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 58: In page 50, to delete lines 23 to 25.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 59: In page 50, line 32, after “or” to insert “undue”. During the Seanad debates on Committee and Report Stages on the Bill, a number of Senators indicated that they considered the provision that prohibits broadcasters and providers of video-on-demand services making available programmes which may reasonably be considered to cause...

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: The codes will set out that detail. This is what the BAI currently uses in broadcasting codes already. What we are trying to do here is align that language with what is there and applied by the BAI through its code of programming standards. It is what is used by the BAI currently in its broadcasting codes, so we are just ensuring the statutory provision is in line with the practical...

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: The codes will set out in practice what it should mean. This arose during the Seanad debate. In qualifying the term "offence", the amendment recognises what the BAI recognises in practice and currently uses, which is that there is no guarantee that programme material will be free from offence, given the definition of "offence" varies from person to person. However, this amendment will...

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: It is not something we can define in legislation. As I said, it is something-----

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: -----that will vary from person to person. The media service codes are to be abided by, by whosoever has signed up to them and if there is a complaint made, it is for the commissioner to decide.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: That will be for the commissioner to decide. I am saying there are some there that are currently used by the BAI. It will be for the commissioner to decide.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I move amendment No. 60: In page 52, lines 3 and 4, to delete “they do not give an unfair preference” and substitute “an unfair preference is not given”.

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: I thank the Deputy for his amendment. Section 46L(5) of the Broadcasting Act, as inserted by the Bill, seeks to reflect the current policy regarding the requirement for sound broadcasting services to devote a set amount of broadcast time to news and current affairs programmes. This is subject to a derogation that may be issued by coimisiún na meán to a licensed radio service....

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: This is recognising that different stations have different target audiences. It would unduly restrictive to require RTÉ to have a particular percentage of news content on all its stations. We are not changing anything here. This subsection reflects the current Broadcasting Act. We are not changing anything but rather carrying it over to the commission. RTÉ is obliged to provide...

Select Committee on Tourism, Culture, Arts, Sport And Media: Online Safety and Media Regulation Bill 2022: Committee Stage (25 Oct 2022)

Catherine Martin: We are not changing anything. The Deputy seems to think we are changing something. We are not changing anything. We are replicating what is in the Broadcast Act.

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