Minister O’Donovan to publish Media Regulation Bill

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Minister O’Donovan to publish Media Regulation Bill

Minister for Culture, Communications and Sport Patrick O’Donovan has received Government approval to publish the Media Regulation Bill.

The Bill will implement the main provisions of the European Media Freedom Act (EMFA) in Ireland. EMFA is an EU regulation which puts in place new rules to protect media pluralism and independence and seeks to ensure that media can operate more easily across borders in the EU.

The Bill will modernise Ireland’s existing framework for the assessment of media mergers and introduce new rules in relation to state expenditure on advertising.

Welcoming approval to publish the Bill, Minister O’Donovan said:

I am pleased to publish this important piece of legislation. A diverse and independent media enables the free flow of information and debate which is essential for a healthy democracy.

Ireland already has robust protections for media freedom in place, which will be further strengthened by the passage of this legislation. The Bill will ensure that key provisions of the European Media Freedom Act are fully implemented in Irish law.

The Bill will transfer responsibility for the assessment of media mergers from the Minister to the independent media regulator, Coimisiún na Meán. It will also broaden the scope of media mergers to be assessed to include transactions involving online platforms.

The Bill will increase transparency of state advertising, with a requirement for public bodies to report annually on their expenditure. Coimisiún na Meán will be tasked with producing an annual report based on this information.

Minister O’Donovan said:

Ireland’s media mergers regime is an essential element of the protections we have in place for media plurality and diversity. The Bill will modernise the framework for assessment of media mergers, taking into account the digital transformation of the sector. It will also transfer responsibility for media merger assessments to Coimisiún na Meán, leveraging their expertise and ensuring full independence.

The Bill will introduce new requirements for public bodies to publish information on their expenditure on advertising. State advertising is an important source of income for many media outlets and the Bill will ensure that such expenditure is subject to the highest level of transparency.

Finally, the Bill will designate Coimisiún na Meán as responsible for the development of a media ownership database and engaging with industry to increase transparency of audience measurement, in particular online.

ENDS

Notes for Editors

A copy of the stamped draft of the Media Regulation Bill can be viewed here.

The Bill will be formally published in due course.

EMFA

The European Media Freedom Act (EMFA) is a response to concerns at EU level around the erosion of media freedom and the rule of law in certain Member States. It aims to strengthen the internal market for media services and protect media pluralism and independence in the EU by harmonising relevant national Member State rules and procedures.

Some of the key elements of EMFA include:

  • protection of journalistic sources;
  • safeguards for the independence of public service media;
  • transparency of media ownership;
  • safeguards against the removal of recognised media content by Very Large Online Platforms;
  • procedures for the assessment of media mergers; and
  • transparency requirements in relation to audience measurement systems and state advertising.

EMFA is a regulation and directly applicable to Member States. While the majority of its provisions are well-aligned with the existing regulatory framework for media in Ireland, some elements require further implementation in Irish law in order to have full effect.

Media Regulation Bill

The Bill proposes to implement the main elements of EMFA through a number of changes to the existing legislative framework, primarily related to media mergers and transparency around advertising by public bodies.

Media Mergers

EMFA requires that Member States provide in legislation for the assessment of media market concentrations which could have a significant impact on media pluralism and editorial independence. EMFA’s requirements differ in a number of ways from Ireland’s existing media mergers regime under the Competition Act 2002 (as amended), and the Bill sets out a range of amendments to ensure alignment.

In line with the wider scope of EMFA, the Bill makes a number of amendments as to what is considered a media merger, including bringing online platforms providing access to media content into scope. EMFA also requires that Member States delegate responsibility for the assessment of media mergers to their national regulatory authority, or ensure that they are “substantively involved” in the assessment. In line with this requirement, the proposed legislation will see the transfer of primary responsibility for media mergers from the Minister for Culture, Communications and Sport to Coimisiún na Meán.

State Advertising

EMFA establishes transparency requirements with regard to state expenditure on advertising, including a requirement for public authorities or entities to publish information on the total amount spent and the amount spent with individual media providers. There are currently no specific rules regarding the overall framework for the allocation of state advertising in Ireland, and the Bill proposes a number of detailed implementing provisions to ensure the effective application of the requirements on state advertising under EMFA.

Public authorities and entities will be required to develop and publish a plan for compliance and publish information on their expenditure annually. The Bill also designates Coimisiún na Meán as the body responsible for monitoring and reporting on state advertising in Ireland.

Other provisions

The Bill includes obligations for Coimisiún na Meán to develop a national media ownership database in line with requirements set out in EMFA, and to encourage the adoption of codes of conduct by industry to promote transparency around audience measurement systems.

Other relevant legislation

EMFA also sets out a number of safeguards which are designed to protect the independence of public service media such as RTÉ and TG4. Implementing measures are provided for in the General Scheme of the Broadcasting (Amendment) Bill, which is currently being drafted and is on the priority list for publication this spring.

EMFA also aims to enhance the protection of journalistic sources. The Department of Justice, Home Affairs and Migrations is progressing a number of legislative reforms, including the Garda Síochána (Powers) Bill and the Communications (Interception and Lawful Access) Bill, in order to ensure full alignment with EMFA in this area.

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