Neasa Hourigan (Dublin Central, Green Party)
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417. To ask the Minister for Culture, Heritage and the Gaeltacht if her attention has been drawn to correspondence (details supplied); her views on same; the work undertaken by her Department in relation to promoting Irish artists on domestic commercial radio; and if she will make a statement on the matter. [63056/21]

Catherine Martin (Dublin Rathdown, Green Party)
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I propose to take Questions Nos. 417 and 431 together.

I am strongly supportive of the promotion of Irish music on our broadcasting services and I am committed to supporting progress on gender equality across society and all areas under my remit.

The Broadcasting Act 2009 sets out the statutory framework for the regulation of sound broadcasting services. Under the Act, the Broadcasting Authority of Ireland (BAI) is the independent regulator for sound broadcasting content in the State. My officials have been engaging with the BAI regarding the actions they are taking to promote equality, diversity and inclusion in the broadcasting sector in Ireland.

The BAI is currently undertaking a review of its Gender Action Plan which was launched in 2018. The 2018 Gender Action Plan set out its objectives under four key pillars: data collection and publication; research, encouraging gender initiatives, and accountability. Work on the review is on-going and BAI anticipate its completion in 2022. The findings of the BAI Gender Action Plan review, once complete, will contribute to the development of a BAI Equality, Diversity and Inclusion Strategy.

In terms of funding for audio and audiovisual content for Irish audiences, the BAI now consider the number of women in key creative roles as a criterion in assessing applications for the Sound & Vision Scheme as a measure to support and encourage greater gender equality in the industry.

The BAI provide funding for sectoral learning and development with the aim of challenging and supporting the Irish broadcasting sector to remain relevant and to deliver for the audience. Initiatives funded through sectoral learning and development include Women on Air, Women in Film and Television and Learning Waves. Women on Air’s Board members and speakers volunteer their time to ensure a greater diversity of voices on the airwaves. A Womenonair.ie database for media of women who are ready, willing, and able to contribute to broadcast media opportunities was launched in January 2021.

The BAI established and facilitate the Broadcasting Sustainability Network which aims to foster best practice and to provide support to the Irish broadcasting sector on sustainability based on the United Nation’s Sustainability Development Goals including Goal 5: Gender Equality.

In considering any proposals to require the allocation of a proportion of airtime to Irish artists, as set out in the details supplied, I am conscious of the legal and other factors which must be taken into account. The potential benefit to music production in Ireland must be balanced with the rights of broadcasters, subject to their contractual or regulatory obligations, to determine the type of content they wish to broadcast and to ensure commercial revenue particularly in the context of the current media climate.

The introduction of any airplay quotas would need to be consistent with EU law, in particular those provisions of the Treaty on the Functioning of the European Union (TFEU) guaranteeing freedom of establishment and free movement of services and which prohibit discrimination based on nationality.

An example of airplay quotas in the EU can be seen in France. In 1994, France introduced a mandatory quota for 40% airplay of French language music on French radio stations. In 2016, this quota was reduced to 35%. Any quota for airplay would be considered to restrict free movement of services by placing music meeting certain criteria in a more advantaged position. However, a quota for airplay of music in a particular language, as is the case in France, can be justified under EU case law, as the preservation and promotion of an official language of a Member State constitutes a general interest objective.

Unlike music in a particular language, a quota system for music produced in a particular place, as suggested in the details supplied, does not appear to have grounds for exemption from the general requirements of EU law. Therefore, without a similar justification on the grounds of linguistic protection, a quota for music produced in a particular Member State would be considered to restrict free movement of services by placing music produced in other Member States at a disadvantage.

The Deputy can be assured however that I will continue to engage with all relevant stakeholders in order to further explore appropriate approaches to support equality, diversity and inclusion on our broadcasting services.