Lynn Ruane (Independent)
Link to this: Individually | In context

Where a person feels that materials published by television and radio broadcasters, newspapers, online platforms, and video-on-demand or streaming services contravene codes of practice in Ireland, for example, where concerns regarding the impartiality of news and current affairs coverage exist or where material is circulated that might cause harm or offence, a statutory complaint can be made directly to the broadcaster, the broadcaster's regulator or the Press Council.

The Acts that underpin Coimisiún na Meán and provide for the regulation of broadcasting, including the codes and rules applicable to both traditional broadcasting and on-demand services, are the broadcasting and other media regulation Acts of 2009 and 2022, principally the Online Safety and Media Regulation Act 2022, which amended the parent Broadcasting Act to a significant extent. The ultimate purpose of the Online Safety and Media Regulation Act was to respond to the shifting landscape of media and content consumption in Ireland and to introduce new rules and safeguards for consumers to ensure that regulation that had historically been applied to traditional broadcasting media would then apply to media available online.

However, this has come up as an issue in terms of complaints. In April 2025, for example, a research group from Pals for Palestine, an apolitical collective of activists who organise in pursuit of human rights in Palestine, submitted a complaint to RTÉ under the broadcasting and other media regulation Acts in respect of biased reporting by RTÉ. I am not here to make an assessment of whether the complaint would stand up, but the fact is that the complaint actually could not be followed through. The research undertaken by Pals for Palestine uncovered a pattern in online reporting by RTÉ that demonstrated a positive bias towards Israeli detainees compared to Palestinian detainees.The reporting that was online positively humanised, at 82% versus 18%, and personalised, at 100% versus 45%, the Israeli detainees more frequently than their Palestinian counterparts; referred to their well-being more often, at 64% versus 27%; prioritised them in the news stories more consistently, at 82% versus 18%; and on occasion speaking to their sociopolitical context, at 100% versus 9%.

This group felt there was a need for a complaint to be assessed to see if there was bias towards the reporting of Israeli detainees versus Palestinian detainees. Upon receipt, RTÉ argued that as the complaint related to online news stories published on rte.ie, it fell outside the scope of the statutory complaints process provided for in the Broadcasting Act. While refusing to formally investigate the complaint, RTÉ stood by its reporting and suggested the complaints were making generalised assertions. After the refusal by RTÉ to hear the complaint, Pals for Palestine submitted a complaint to Coimisiún na Meán, which was also rejected on the basis that newspapers, print and online magazines and online-only news publications do not fall within the commission's mandate. The Press Council of Ireland, being the independent body that oversees news publications, primarily focuses on print media, including newspapers and magazines, but its remit also extends to online news media. RTÉ is not a member of the press council, so another obstacle became apparent, despite the fact that RTÉ publishes news content through various platforms online. This matter has brought to the fore the fact that online reporting by RTÉ and presumably other linear and non-linear broadcasters is currently not subject to any regulation or bound by any particular code of conduct.

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context

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.

Lynn Ruane (Independent)
Link to this: Individually | In context

I thank the Minister of State. While the commission has remit over certain areas, currently, RTÉ online is not subject to any of that regulation. It is my understanding, but perhaps the Minister of State could clarify, that the Government is proposing reforms to the Act to make sure RTÉ online is captured. It is my understanding from my work on the Online Safety and Media Regulation Act previously that we do not even need to wait on amendments or legislation and that the Minister, through his powers, can expand the remit of the commission and give it additional functions. Is this being considered? I am sure it was envisaged anyway that RTÉ online would be captured under the commission's remit. Can I clarify or get on the record that the intent is to make sure that anything that unintentionally fell outside the scope will be included in that reporting mechanism and for it to be regulated fairly?

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context

I thank the Senator. As I have set out, the Broadcasting and Other Media Regulation Acts 2009 and 2022 set out the regulatory framework for implementation by Coimisiún na Meán in respect of broadcasters and providers of audiovisual on-demand media services, as well as online safety in respect of user-generated content. While there are important statutory duties and code-making powers under this legislation relating to the reporting of news and current affairs, these do not extend to online publications. Therefore, this is a matter for the Department of Justice as well as for the Press Council of Ireland and, in that regard, I will ensure the matters raised here today are communicated to that Department. I will ensure the full content of the points the Senator is making, which are very fairly made, is considered, and I will also ask that the officials in the Department revert to the Senator directly, taking on board the matters she has raised today and giving her the clarification she is seeking in respect of any consideration of future amendments. I thank the Senator again.