Alice-Mary Higgins (Independent) | Oireachtas source

As I understand it, amendments Nos. 10 and 12 split the section. I wanted to be clear about that. My amendment No. 11 seeks to ensure the interests of children are "protected and promoted". This is trying to be in tune with the clear spirit of the audiovisual directive. That directive is not only intended to protect against harm, it is meant to promote inclusion and participation. I have often argued with American parliamentarians about these matters. Freedom of expression is also the freedom of participation. It is about being able to participate and making sure there are spaces for people to participate.There is a very strongly established EU principle of exception culturelle, which is the idea that cultural activity cannot be solely commercial, that there is a right to participation in cultural and public life and that measures should be taken to ensure a diversity of persons can do that. This is the positive goal relating to the audiovisual directive. I want to make sure we do not lose sight of that because we often focus on the negative. It is very important that in the functions of the commission, when its members consider the interests of the public, they talk about those interests being protected and promoted. The amendment outlines that idea. It is also in tune with some later amendments we will come to, for example, those relating to public duty and equality in human rights. It is not simply a protective duty but a duty of active promotion. It is the idea that the commission should produce measures. Again, this comes to some of the later things we will consider in the Bill, such as the idea of special programmes around education, inclusion and so forth, in addition to promoting, for example, European works and access to online spaces for community groups. All of that is a positive duty. I want to make sure that is in there.

I will note a matter that does not relate to my amendment. An interesting point was raised by Senator Ó Donnghaile regarding who is served by an all-Ireland body. In the context of those positive duties around access to relevant media and so forth, there may be a case for trying to make our goals of active promotion of access to media very clear. I want to reserve the right, if it proves necessary, which I do not believe it will, to consider if it might be worth examining whether any nuance might be needed in the section relating to the jurisdiction of the State. There are quite a few exceptions in the context of what comes under the jurisdiction of the State. It is important to be inclusive as much as we can and to make sure that we do not have a situation whereby some bodies seem not to be under the jurisdiction of any state. All these states are transposing the audiovisual directive and we want to make sure that online media providers are certainly captured clearly under that jurisdiction. Again, I do not believe that is a concern, but I want to flag that I might examine that section and come back to it on Report Stage, if I have concerns regarding potential loopholes. On this amendment, the wording should be to protect and promote.