Press release
Statement in relation to fines imposed by the Court of Justice of the European Union
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
Today (February 29, 2024), the Court of Justice of the European Union (CJEU) imposed a lump sum fine of €2.5 million against Ireland for failure to notify the full implementation of the revised Audiovisual Media Services Directive (AVMSD) into Irish law. The Court also imposed daily fines of €10,000 from the date of judgment until the AVMSD is fully transposed. Ireland accepts the judgment and will study it in detail. However, these fines are significantly lower than the maximum levels that were open to the Court to impose.
Under the AVMSD, Ireland has responsibility for regulating video sharing platforms and streaming services that are established here for the whole of Europe. It was therefore necessary not only to enshrine the AVMSD in Irish law, but to establish a new regulator to oversee its implementation. This contributed to delays in the transposition process.
The commencement of the Online Safety and Media Regulation Act 2022 in March 2023 marked partial transposition of the Directive. The OSMR Act is a landmark piece of legislation which Minister Catherine Martin brought to enactment and which established Coimisiún na Meán, the new online safety and media regulator with significant and robust powers.
Ireland is completely committed to implementing the Directive into Irish law. Full transposition will be achieved once Coimisiún na Meán adopts online safety and media services codes.
Since its establishment in March 2023, Government has provided substantial funding (€10.5 million in 2023 and around €6 million in 2024) and sanctioned significant recruitment for 164 posts to enable An Coimisiún to carry out its functions. It is important to note that Coimisiún na Meán will be partially funded this year from levies on the sectors it regulates and levies will ultimately fund almost all of Coimisiún na Meán’s activities.
It is important for Ireland that the Codes which Coimisiún na Meán puts in place are comprehensive and robust, and that all due processes are followed to minimise risk of legal challenge. When completed, these Codes will make the online world safer and provide stronger regulation and oversight of streaming services established in Ireland.
Notes to Editor:
The figures related to the fines are set out in the judgment here .