Charlie McConalogue (Donegal, Fianna Fail)

I thank the Deputy for raising this matter. At the outset, I wish to make clear that online news media, as the Senator knows, is not regulated by Coimisiún na Meán but rather falls under the remit of the Press Council, whose membership includes a number of online-only news publications, which subjects these publications to the Press Council’s code of practice. Complaints about such members, including about possible breaches of the code of practice, may be directed to the Office of the Press Ombudsman under the council. The Defamation Act 2009, which is the legislative responsibility of the Minister for Justice, sets out the role of the Press Council, including that it is independent in the performance of its functions.

For clarification, the Minister, Deputy O'Donovan has legislative responsibility for the Broadcasting and Other Media Regulation Acts 2009 and 2022, and I understand that Senator Ruane made a number of important contributions to amending legislation under the Act as it progressed through the Seanad in recent years. The Broadcasting and Other Media Regulation Acts 2009 and 2022 have enabled the establishment of Coimisiún na Meán as our independent online safety and media regulator. They also provide for the regulatory frameworks under which an coimisiún can effectively regulate broadcasters, providers of audiovisual on-demand media services, and specific relevant online services.

Part 3B of the Act provides for the regulatory framework in respect of broadcasters and providers of audiovisual on-demand media services. Among other things, this Part details the specific requirements for those parties to ensure news and current affairs are reported and presented in an impartial manner and without any expression of their own views. In addition, an coimisiún may make media service codes governing the standards and practices which will ensure compliance with this duty by the relevant broadcasters and providers. In this regard, in November 2024, Coimisiún na Meán published its updated Code of Fairness, Objectivity & Impartiality in News and Current Affairs, applying to television and radio broadcasters. Moreover, Part 4 of the legislation provides for redress, which requires the relevant broadcasters and providers to give due and adequate consideration to complaints, including about any potential failure to comply with any duty or media service code, including in news and current affairs coverage. To ensure such complaints are handled effectively, the broadcasters and providers must prepare, publish and implement a code of practice at least setting out appropriate contact points, time periods for responses, and the procedures to be followed in seeking to resolve complaints. These complaints may also be directed to Coimisiún na Meán. The legislation provides that, subject to the precise circumstances, an coimisiún may dismiss the complaint, refer it to the relevant broadcaster or provider for resolution, or further investigate the complaint in accordance with its statutory powers. I also mentioned that certain relevant online services are regulated by Coimisiún na Meán. In this regard, Part 8A of the Act provides for a regulatory framework for online safety. Crucially, this is focused on protecting children in particular from forms of harmful user-generated online content.