Imelda Munster (Louth, Sinn Fein)
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208. To ask the Minister for Culture, Heritage and the Gaeltacht when she expects the two levies provided for in the online safety and media regulation Bill to be introduced; and if she will make a statement on the matter. [26542/22]

Catherine Martin (Dublin Rathdown, Green Party)
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Section 7 of the Online Safety and Media Regulation Bill 2022 will insert a new section 21 and 22 into the Broadcasting Act 2009 relating to the power of Coimisiún na Meán to impose a levy on providers of audiovisual media services, providers of sound broadcasting services, and providers of designated online services in order to fund its operating costs. Following the enactment of the Online Safety and Media Regulation Bill 2022, it is envisaged that these levy provisions will be commenced as part of the Ministerial commencement order relating to the formal establishment of An Coimisiún. Following the commencement of the provisions, it will be a matter for An Coimisiún to make the necessary levy order or orders to implement the levy.

Section 53 of the Online Safety and Media Regulation Bill 2022 amends the Broadcasting Act 2009 to provide for the imposition of a content production levy (termed the ‘European works levy’) on media service providers (i.e. providers of broadcasting and video on demand services) to fund a scheme (termed ‘the European works scheme’) to support the production of European works, including Irish works. The Bill provides that both the levy and the associated scheme would be administered by Coimisiún na Meán.

It is important to note that any levy system will have to abide by the principles of proportionality and non-discrimination under EU law. Accordingly, any levy will be imposed equally on all audiovisual media services targeting the Irish market, both Irish services such as as RTÉ and Virgin Media Television as well as services based outside Ireland. In addition, both Irish services and those based in the European Union would be eligible to apply to the content production fund established as a result of the levy.

Furthermore, it should be noted that any levy will only apply to income earned within the State. For example, if a provider such as Netflix earns 2% of their overall EU revenues in the State, the levy can only apply to that 2% of their overall revenues.

In light of the aforementioned factors, it is not envisaged that the content production levy would be put into effect until Coimisiún na Meán has carried out independent research into the viability of such a levy in an Irish context. One of the initial priorities of An Coimisiún will be to carry out this research and to present recommendations to me in this regard.