Category: Consultations

Updates to Broadcasting Codes and Rules required to meet Ireland’s obligations under the EU Audiovisual Media Services Directive (AVMSD)

Coimisiún na Meán has today (04.09.2024) launched a consultation on revised Broadcasting Codes and Rules for radio and television broadcasters. The Codes and Rules are required to be updated to comply with the EU Audiovisual Media Services Directive (AVMSD).

The AVMSD provides for minimum standards and obligations that media service providers must adhere to in a variety of areas, including child safety, the accessibility of their services, and the prohibition of content that incites hatred.

Aoife MacEvilly, Broadcasting and Video-on-Demand Commissioner at Coimisiún na Meán said: “Ensuring that the Codes and Rules which apply to broadcasters in Ireland are kept up to date with EU regulations is crucial in guaranteeing a thriving and safe media landscape for Irish audiences. Coimisiún na Meán has today opened a consultation on revised Codes and Rules which contain updated obligations for Irish broadcasters and which recognise a new complaints procedure for members of the public where they believe that a broadcaster has failed to comply with a Code or Rule. In the future, An Coimisiún intends to conduct a further review of our Codes and Rules to ensure that they continue to meet the needs of Irish audiences, and our changing media landscape.’’

The revised Broadcasting Codes and Rules which are being consulted on are:

• General Commercial Communications Code (draft) – which sets out rules for broadcasters on commercial communications including advertisements, sponsorships and product placement.

• Children’s Commercial Communications Code (draft) – which sets out additional rules for commercial communications directed at children and is aimed at protecting audiences under 18 years of age.

• Code of Programme Standards (draft) – which sets out principles applying to editorialcontent with a view to minimising harm or undue offence.
  
• Rules on Advertising and Teleshopping (draft) – which sets limits on the level of advertising and teleshopping that broadcasters may have as part of their services. The proposal is to divide this Code into two new sets of Codes and Rules, incorporating requirements relating to advertising, teleshopping, signal integrity and information, and advertising rules for radio broadcasters.

• Code of Fairness, Objectivity and Impartiality in News and Current Affairs (draft)– which provides principles for broadcasters to apply in order to achieve fairness, objectivity and impartiality in news and current affairs coverage.

• Short News Reporting Code (draft) – 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.

The consultation will run from 4th September 2024 until the 3rd of October 2024 and the consultation document can be found on our website.

• Consultation document: Draft Media Service Codes and Rules

Public consultation sets out possible options for future of moratorium

Coimisiún na Meán has today (07.08.24) opened a public consultation on the future of the broadcast moratorium. The moratorium currently prohibits discussion of election or referendum issues on broadcast media from 2pm on the day preceding the election or referendum until the polls close on voting day.

The moratorium does not apply to other types of media, such as print or online, and the legislation does not allow for these types of media to be included in any moratorium.

Coimisiún na Meán is putting forward five main options for consideration:

1. Keeping the moratorium as it is
2. Amending the duration of the moratorium
3. Changing the types of broadcast coverage included under the moratorium
4. Reframing the obligation on broadcasters as a positive obligation to exercise particular care on issues related to elections or referendums
5. Abolishing the moratorium entirely.

This public consultation is part of Coimisiún na Meán’s on-going review of the broadcast moratorium, which has included engagement with broadcasters and political parties, as well as public opinion research. An Coimisiún intends to conclude the review, including making any changes required to the moratorium, by the end of October 2024.

The moratorium was first included in broadcasting guidelines for the 1997 Presidential Election, a time when TV and radio were the main sources of news. Its original purposes were to allow voters a period of reflection before casting their votes, and to guard against voters being presented with new information or misinformation at the last minute when it was too late for it to be properly evaluated or discussed. With the growth in usage of online sources of news, there needs to be a re-evaluation of whether the moratorium is useful.

Coimisiún na Meán Broadcasting and Video-On-Demand Commissioner, Aoife MacEvilly, said: “Now is the right time to consider if changes are needed to the broadcasting moratorium for coverage of referendums and elections. Wherever people find their news, it is important that they can find relevant, informed, and impartial reporting that they trust. We know that more and more people are going online for their news, whether that’s to a news website or to social media, but, broadcasters are still an important source of news about elections for many people.

We are looking forward to hearing the public’s views on the moratorium and we intend to make a decision on continuing, changing or removing the moratorium by the end of October”.

The public consultation is now open. The closing date for submissions is Wednesday, 4 September 2024.

On the 4th July 2024, Coimisiún na Meán published a consultation document on its draft Code and Rules for Video On Demand services.

Following consideration of a request to extend the deadline, the Commission has agreed a new deadline submission of Tuesday, 20th of August 2024. The consultation document may be found on our website.

After consultation period, finalised rules will see Video-On-Demand services regulated for the first time

***Extended deadline – the Commission has agreed a new deadline submission of Tuesday, 20th of August 2024***

Coimisiún na Meán has today (04.07.24) published a new draft Audiovisual On-Demand Media (Video-on-demand) Service Code and new draft Rules.

Once finalised, Coimisiún na Meán will apply the Code and Rules to Video-on-demand service providers with their EU Headquarters in Ireland.

The draft Code introduces obligations on Video-on-demand service providers to restrict some content from their catalogues, including:

• Anything which may reasonably be regarded as public provocation to commit a terrorist offence
• Anything which may reasonably be regarded as likely to incite violence or hatred against a group, or a member of a group based on their characteristics including sex, race, colour, disability, sexual orientation of membership of a national minority

Providers will also be required to take steps to protect children from content which may impair their physical, mental or moral development, this can include:

• Providing on-screen warnings at the beginning of programmes for content which may be harmful to children
• Taking appropriate measures to ensure that content containing pornography or gratuitous violence will not be shown to children
• Provide for parental controls and age assurance to protect children from seeing harmful content

The draft Rules introduces obligations on Video-on-demand service providers to progressively make their programming accessible to people with disabilities.

Coimisiún na Meán Media Development Commissioner, Rónán Ó Domhnaill, said: “Once finalised, our new Code and Rules will for the first time allow for the statutory regulation of Video on-demand service providers based in Ireland. The Code will help efforts to ensure that people across Ireland can watch entertaining, informative and engaging programming on-demand, while ensuring that children do not access age-inappropriate programming. The Rules will ensure that every step is taken to ensure that programmes are accessible for people with disabilities and will oblige every audiovisual on-demand media service provider based in Ireland to establish an Accessibility Action Plan.”

“The Code and Rules are also a key step for the transposition of the Audiovisual Media Services Directive in Ireland.”

The draft Audiovisual On-Demand Media (Video-on-demand) Service Code and Rules are currently open for public consultation. The closing date for submissions is Tuesday the 6^th August 2024.

ENDS

Consultation Documents

• Draft Media Service Code and Media Service Rules (PDF)
• Draft Media Service Code and Media Service Rules (Word)
• Draft Media Service Code and Media Service Rules (ISL)
• Consultation Response Form (Word)
• Consultation Document (PDF)
• Consultation Document (Word)
• Consultation Document (ISL)