New Video-On-Demand Code and Rules, and revised Broadcasting Codes and Rules required to meet Ireland’s obligations under the EU Audiovisual Media Services Directive (AVMSD)
Coimisiún na Meán has today (05.12.2024) published revised Media Services Codes and Rules, completing the process of updating its regulations to implement changes under the EU Audiovisual Media Services Directive (AVMSD) and the Online Safety and Media Regulation Act 2022. Under the Online Safety and Media Regulation Act, Coimisiún na Meán is empowered to develop codes and rules which apply to video-on-demand providers as well as television and radio broadcasters established in Ireland.
The AVMSD provides for minimum standards and obligations that video-on demand providers and television broadcasters must adhere to in a variety of areas, including child safety, the accessibility of their services, and the prohibition of content that incites hatred. The Online Safety and Media Regulation Act establishes the regulatory framework for these services and for radio broadcasters.
Aoife MacEvilly, Broadcasting and Video-on-Demand Commissioner at Coimisiún na Meán said: ‘’To ensure a thriving and safe media landscape for Ireland, it is crucial that the Codes and Rules which apply to broadcasters and now, for the first time, to video-on-demand service providers are up-to-date and in-line with EU regulations. We have been engaging with media service providers in recent months and following the conclusion of our public consultations, are happy to have published nine sets of Codes and Rules which are now in effect.’’
The nine regulations published include a new Audiovisual On-Demand Media Service Code and Rules, marking the first time that video-on-demand (VOD) services have been subject to formal regulatory oversight by Coimisiún na Meán. These new Codes and Rules were developed following a public consultation which concluded in August 2024.
The other existing Codes and Rules have undergone updates to comply with the AVMSD, and includes the Code of Programme Standards, the Access Rules for Television Broadcasters, and the General Commercial Communications Code. These Codes and Rules were updated following a public consultation which concluded in October 2024.
The new and revised Media Services Codes and Rules which have been published are:
- Media Service Code and Rules (Audiovisual On-Demand Media Service Providers) – new rules for audiovisual on-demand (VOD) providers which require the restriction of content that may incite hatred, which provides protections for children from accessing inappropriate content and which obliges providers to ensure their programmes are accessible for people with disabilities.
- Media Service Code and Rules (Advertising, Teleshopping, Signal Integrity and Information) – revised rules for television broadcasters on advertising and teleshopping, including daily limits for advertising and teleshopping spots.
- Media Service Code and Rules (Advertising for Radio Broadcasters) – revised rules to ensure that advertising is recognisable and distinguishable from editorial content, and which includes daily limits for radio advertising.
- Media Service Rules (Access Rules for Television Broadcasters) – revised rules for television broadcasters to ensure that programmes which are produced are made continuously and progressively more accessible to people with disabilities.
- General Commercial Communications Code – revised code which sets out rules for broadcasters on commercial communications including advertisements, sponsorships and product placement.
- Children’s Commercial Communications Code – revised code which sets out additional rules for commercial communications directed at children and is aimed at protecting audiences under 18 years of age.
- Code of Fairness, Objectivity and Impartiality – revised code which provides principles for broadcasters to apply in order to achieve fairness, objectivity and impartiality in news and current affairs coverage.
- Code of Programme Standards – revised code which sets out principles applying to editorial content with a view to minimising harm and undue offence
- Short News Reporting Code – revised code which allows for short news extracts of events broadcast that are of interest to the public to be used by other broadcasters for the purposes of news reporting.
In 2025, Coimisiún na Meán will commence the work required to update the Codes and Rules based on the feedback received as part of the consultation process which took place this year.