Legislation
Coimisiún na Meán has a wide range of powers and responsibilities which are defined by legislation. The primary legislation in this area is the Broadcasting Act 2009, as amended.
Broadcasting and video-on-demand
One of our important functions is to develop codes, rules and standards for broadcasting and video on-demand. These regulations are guided by key parts of the Broadcasting Act 2009 amended.
All broadcasting and video on-demand services are obliged to comply with the duties laid down under section 3B of the Act [sections 46 (j) – (m)]. These duties concern news and current affairs, privacy, advertising, harm, and undue offence, amongst other matters. In addition to these duties Coimisiún na Meán is empowered by sections 46N and 46M of the Act to develop media service codes and media service rules. These legal provisions underpin our published codes and rules for broadcasting and video on-demand. These codes and rules deal with commercial communications, daily and hourly advertising limits, editorial content (including matters relating to news and current affairs, harm and undue offence), the accessibility of television and video-on demand services and the use of short news extracts.
Pursuant to Sections 46N(10) and 46O(11) of the Act, a failure by a broadcaster or a video on-demand provider to comply with a media service code or media service rule shall be a contravention for the purposes of Part 8B of the Act. These codes and rules have been developed in accordance with section 46Q of the Act.
Video-sharing platforms
In the case of video-sharing platform services, we may make online safety codes further to section 139K of the Act. Our Online Safety Code has been developed further to this provision. The Code has been developed in accordance with section 139N of the Act.
The Code applies, further to section 139L of the Act, to video-sharing platform services as a category of services to which the Code will be applied and to designated individual video-sharing platform service. A register of video-sharing platform services, designated by Coimisiún na Meán at this time and to which the Code will apply, has been developed further to section 139J of the Act. Pursuant to Section 139Q of the Act, a failure by a video-sharing platform service to comply with the Code shall be a contravention for the purposes of Part 8B of the Act.
Separately, Coimisiún na Meán has developed and published online safety guidance materials further to section 139Z of the Act.