Catherine Martin (Dublin Rathdown, Green Party)
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From 1st January 2021, UK based tv channels (broadcasting service providers) must hold a broadcasting licence issued by the national regulatory authority of any EU Member State in order to continue to provide services in across the EU. My Department engaged with the sector, including the major broadcasting service providers in Ireland, to ensure that they are fully aware of the requirement. I am advised that broadcasting service providers operated by a number of UK based entities including Sky, BBC and Channel 4 hold the relevant broadcasting licences in other EU Member States and accordingly they are not required to hold the licence issued by the Irish regulatory authority, Coimisiún na Meán.

In line with the country of origin principle set out in the Audiovisual Media Services Directive, media service providers are subject to the law and jurisdiction of the EU Member State where they are established. Accordingly, programme material, including advertisements, broadcast by UK based broadcasting service providers are subject to the rules set by the relevant national regulatory authority of the Member State where they hold their broadcasting licence. Article 9 of the Revised Audiovisual Media Service Directive sets out the minimum standards for commercial communications which must be adhered to by all Member States.

Under Article 4 of the Revised Audiovisual Media Services Directive, Coimisiún na Meán has the power to escalate non-compliance with its regulatory codes and rules with the corresponding regulator in another Member State, in circumstances where it considers that a media service provider regulated in another Member State is targeting citizens in its territory and is undermining local regulation.