Written answers

Thursday, 17 November 2022

Department of Culture, Heritage and the Gaeltacht

Legislative Measures

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael)
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19. To ask the Minister for Culture, Heritage and the Gaeltacht her views that more legislation needs to be implemented to protect an independent media sector in Ireland; and if she will make a statement on the matter. [56989/22]

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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A free and independent media is a cornerstone of democracy and plays a vital role in informing citizens and holding powerful institutions and interests to account. Ireland has a robust legislative foundation and regulatory framework designed to protect media freedom and media plurality.

An independent media is underpinned by Article 40.6.1 of the Constitution which provides for the right of citizens to express freely their convictions and opinions. These provisions are reinforced by equivalent provisions in the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (CFREU).

Building on this foundation, the Broadcasting Act 2009 establishes an independent regulator, the Broadcasting Authority of Ireland (BAI), which must seek to provide a regulatory environment that will sustain independent and impartial journalism. Section 98 of the Act sets out that public service broadcasters are independent in the pursuance of their objectives, which specifically safeguards the editorial independence of RTÉ and TG4. In addition, Part 3A of the Competition Act 2002 sets out the statutory process for assessment of media mergers in Ireland. This provides important protections for media plurality and diversity.

The legislative framework for media regulation is currently being updated by the progression of the Online Safety and Media Regulation Bill 2022, which will dissolve the BAI and establish a new regulator, Coimisiún na Meán. In particular, section 7 of the Bill requires that An Coimisiún shall continue to provide a regulatory environment that will sustain independent and impartial journalism.

The Deputy may also be aware that the European Commission recently published a proposal for a European Media Freedom Act. The core objectives of the proposal are to strengthen the internal market for media services and to protect media pluralism and independence. The proposal includes a range of provisions designed to foster an environment for quality, independent media in the EU, including protections for journalistic sources and editorial freedom as well as strong safeguards for the independence of public service media.

I had the opportunity to meet with Commissioner Jourová, the European Commission Vice-President leading on the proposed Regulation, last month and to broadly welcome the objectives of the proposal. My Department is currently analysing its detailed provisions and in particular whether any aspects of the proposal may require further implementation in domestic legislation. Officials will be engaging closely with the Commission and other Member States during its negotiation which will continue into 2023.

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