Mick Wallace (Wexford, Independent)
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27. To ask the Minister for Communications, Energy and Natural Resources the measures taken by the Broadcasting Authority of Ireland to prevent persons or corporations from gaining undue control over the media; and if he will make a statement on the matter. [40360/14]

Alex White (Dublin South, Labour)
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The Broadcasting Act 2009 provides the framework for the licensing and regulation of broadcasting services in Ireland. In order to fulfil the functions provided for in Section 66 of the Act, the BAI operate an Ownership and Control Policy (the most recent version of which was published in 2012) which sets out the regulatory approach and the rules enforced regarding ownership and control. The policy is used by the BAI to assess applications for broadcasting contracts and when assessing requests for variations to ownership and control structures for existing licencees. It pays particular attention to “the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue number of sound broadcasting services in respect of which a sound broadcasting contract has been awarded under this Part”. Part 4 of the Competition and Consumer Act 2014 updates legislation in regard to media mergers, strengthening protection of the public interest in maintaining a pluralistic media market. The Act recognises the vital role played by the media in our open democratic society. The most significant element of this section of the Act is a new public value test, involving a more thorough definition of media concentration than before and which deals specifically with cross media ownership.

The Act introduces significant new responsibilities for the BAI in relation to protecting the public interest in maintaining media pluralism in the State. This includes new requirements to conduct research on matters relating to plurality of the media and to publish the results of such research. Furthermore the BAI are, if requested, required under the Act to conduct a ‘Phase 2’ investigation of proposed media mergers in regards to the potential impacts on the public interest in maintaining a pluralistic media market in the state.