Catherine Connolly (Galway West, Independent)
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328. To ask the Minister for Culture, Heritage and the Gaeltacht further to Parliamentary Question No. 215 of 20 October 2022, the reasons for the delay in ensuring that all online streaming services provided by Irish broadcasters are accessible to those with sight and hearing difficulties, in light of the fact that EU law has made it clear that they should be; the reason that these accessibility measures will only come into force following the constitution of the Coimisiún na Meán, rather than being implemented via the legislation; and if she will make a statement on the matter. [54105/22]

Catherine Martin (Dublin Rathdown, Green Party)
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Article 7 of the revised AudioVisual Media Services Directive (AVMSD) sets out requirements in relation to accessibility of audiovisual media services. However, as the instrument is a Directive, it does not have direct effect in Ireland until transposed into Irish law. Ireland's approach to media regulation is to set out broad principles and policies in primary legislation and to empower regulatory authorities to implement those principles and policies through detailed regulatory codes and rules. This provides the necessary flexibility to the regulatory authority to set out detailed and prescriptive rules that would not be appropriate to include in primary legislation. For example, the current rules regarding the accessibility of broadcasting services made by the Broadcasting Authority of Ireland (BAI) - the BAI Access Rules - run to 62 pages. However, the BAI does not have a statutory remit in relation to the regulation of streaming services.

The AVMSD is being transposed into Irish law through the Online Safety and Media Regulation Bill, which has completed all stages in Seanad Éireann and is currently at Report stage in the Dáil. The OSMR Bill will provide for the establishment of Coimisiún na Meán and the dissolution of the BAI. An Coimisiún will have a broader remit than the BAI, including in relation to streaming services. The OSMR Bill will also insert section 46O into the Broadcasting Act 2009. This will enable An Coimisiún to make media service rules in relation to a number of matters including the accessibility of all audiovisual media services in line with the requirements of the revised AVMSD.

Following the enactment of the Bill, Coimisiún na Meán will be formally established through a Ministerial order and commence its regulatory functions. This will include development of the necessary rules regarding accessibility and enforcing compliance with them as appropriate. Implementing the provisions of the AVMSD in this way provides An Coimisiún with the flexibility to update and amend the rules in light of changing circumstances and its broader statutory remit.