Coimisiún na Meán removes traditional broadcast moratorium for election coverage

Updated Guidance replaces Moratorium with an Additional Care Requirement for broadcasters during the Critical Election Period

Coimisiún na Meán has today announced the replacement of the Broadcast Moratorium, which has been in place since 1997, with an Additional Care Requirement for broadcasters during the Critical Election Period (the 24-hour period before the opening of polling stations and during the period when polling occurs). This decision follows a review of the Moratorium conducted by Coimisiún na Meán which commenced in February this year. This review included an examination of electoral silence periods in other countries, a survey of attitudes conducted with Ipsos B&A and a public consultation.


The new Additional Care Requirement, which replaces the Broadcast Moratorium, requires broadcasters to show additional care during the Critical Election Period. During the Critical Election Period, broadcasters should treat with extreme care information relating to the election that it believes, or has reason to believe, has been circulated with the intention of misleading or confusing voters or that is likely to mislead or confuse voters. The implementation of this additional care requirement is at the editorial discretion of the broadcaster. This may include the Broadcasters rebutting or correcting misconceptions arising from misleading information.


Speaking about the publication of the Guidelines, Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner Aoife MacEvilly said: “A media landscape that supports democracy and democratic values, underpins civic discourse and reduces the impact of disinformation is a priority for Coimisiún na Meán. During election periods, broadcasters across Ireland play a crucial role in informing the public about the issues and candidates involved in the election campaign.


The annual Reuters Digital News Report, which was published in June and is funded by Coimisiún na Meán, found that trust in news remains high in Ireland compared to other countries. We recognise the trust that Irish viewers and listeners place in broadcasters and our approach to the moratorium reflects Ireland’s changing media landscape.


Elections and electoral integrity are a key focus for us at Coimisiún na Meán this year. Alongside this new additional care approach for broadcasters, once the date of an election is confirmed, we will be publishing information for electoral candidates on our role in relation to broadcasting and online safety regulation, and how we can help them, alongside our guidelines for broadcasters. We will also engage with online platforms on their preparations for the elections, to ensure that they play their part in upholding electoral integrity and ensuring that people across Ireland can make free, fair and informed choices about where to cast their vote.’’


Broadcasters should also take additional care to ensure that opinions expressed by programme contributors do not interfere with the electoral process by making a false or misleading claim with respect to election procedures. Broadcasters are also asked not to report on opinion polls or exit polls during polling hours.


The new approach will be reflected in Coimisiún na Meán’s Guidelines in Respect of Broadcast Coverage of Elections, which will be published shortly after the date of the next election is announced. The Guidelines provide direction and advice to broadcasters as to how fairness, objectivity and impartiality can be achieved in their coverage of elections.

Coimisiún na Meán adopts final Online Safety Code

Binding online safety rules will apply to Irish-based video-sharing platforms

Coimisiún na Meán has today (21.10.2024) published the finalised Online Safety Code. The Code sets binding rules applying to video-sharing platforms who have their EU headquarters in Ireland. The general obligations contained in the Code will apply from next month and platforms will have an implementation period for certain detailed provisions, which require IT build, to come into compliance.  Coimisiún na Meán will take a supervisory approach to enforcing the Code, ensuring that platforms implement appropriate systems to comply with the provisions of the Code

The Code introduces obligations on video-sharing platforms to protect people, especially children, from harmful video and associated content, including:

  • Prohibiting the uploading or sharing of harmful content on their services including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia.
  • Using age assurance to prevent children from encountering pornography or gratuitous violence online and having age verification measures in place as appropriate.
  • Providing parental controls for content which may impair the physical, mental, or moral development of children under 16.

These platforms will also have to ensure that they have ways for people to report content that breaks the rules, and act on those reports in line with their Terms and Conditions.

The development of the Code was informed by an initial call for inputs in summer 2023, followed by a full public consultation from December 2023 to February 2024, which received nearly 1400 responses. Coimisiún na Meán’s Youth Advisory Committee was also consulted on the development of the Code. The Code was then notified to the European Commission under the Technical Regulations Information System (TRIS) Directive process to ensure alignment with the EU Digital Services Act.

The Code is part of Coimisiún na Meán’s overall Online Safety Framework. This Framework makes digital services accountable for how they protect users from harm online. The updated Code, combined with the other parts of the Online Safety Framework, will deliver on the objectives of the Online Safety and Media Regulation Act, leading to safer online experiences for people across Ireland. The overall Online Safety Framework gives Coimisiún na Meán the tools to address the root causes of harm online, including the availability of illegal content, the harmful impacts of recommender systems, and inadequate protections for children on social media services.

The Online Safety Commissioner, Niamh Hodnett, said: “The adoption of the Online Safety Code brings an end to the era of social media self-regulation. The Code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users. We will work to make sure that people know their rights when they go online and we will hold the platforms to account and take action when platforms don’t live up to their obligations.”

Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey said: “With the adoption of the Online Safety Code, all the elements of our Online Safety Framework are now in place. Our focus now is on fully implementing the Framework and driving positive changes in peoples’ lives online. Our message to people is clear: if you come across something you think is illegal or against a platform’s own rules for what they allow, you should report it directly to the platform. Our Contact Centre is available to provide advice and guidance to people if they need help.”

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin TD commented: “I welcome Coimisiún na Meán’s adoption of its first Online Safety Code. Building upon the foundation set out in the Online Safety and Media Regulation Act 2022, this code is a major step forward in online safety. It introduces real accountability for online video sharing platforms and requires them to take action to protect those that use their platforms, including by having robust complaints handling procedures and introducing effective age-verification. It will make all of us, but particularly our children, safer online.”

Coimisiún na Meán launches new round of Sponsorship Scheme – up to €300,000 available for media sector events and activities

Interested groups are invited to apply by closing date Monday, 4th November.

Coimisiún na Méan has today (08.10.24) launched a new funding round under its Sponsorship Scheme. Up to €300,000 in total is being made available to support a range of media-related events and activities for the forthcoming year, 2025.

Sponsorship can be sought for media sector events and activities that align with An Coimisiún’s aim to ensure a thriving, diverse, creative and safe media landscape. Levels of funding available to successful applicants will vary depending on the nature of the event, its relevance to An Coimisiún’s work, and promotional aspects included in the application.

Commenting on the launch of the new Sponsorship Scheme round, Coimisiún na Meán Media Development Commissioner Rónán Ó Domhnaill said: “Coimisiún na Meán is committed to supporting a media landscape which reflects and shapes who we are as a society. Supporting media events and activities happening both nationally and locally, across the island of Ireland is an important part of our work to achieve this objective. I am delighted to launch the new round of our Sponsorship Scheme, which is a great opportunity for those in the media sector to seek sponsorship for events and activities taking place in 2025.’’

‘’The Sponsorship Scheme recognises the creativity of Ireland’s media sector and seeks to fund events and activities which reflect the diversity of Irish society. We would be delighted to see sponsorship proposals from a diverse range of groups across the island by the closing date of Monday, 4th November.”

Previous recipients of funding from the Coimisiún na Meán Sponsorship Scheme include: the Galway Film Fleadh, the Dingle Animation Festival, the Belfast Media Festival and the Catalyst International Film Festival, the Choice Music Prize – which showcases the best of Irish music, and Gradaim Chumarsáide an Oireachtais/Oireachtas Media Awards – which celebrates excellence and achievement in the Irish language media sector.

The closing date for receipt of applications to the Sponsorship Scheme is noon on Monday, 4th November 2024. Further details on eligibility and how to apply can be found in the guide and application form.

Coimisiún na Meán certifies the first Out-of-Court Dispute Settlement Body in Ireland

Coimisiún na Meán, has today 08.10.2024 published details of the certification of Appeals Centre Europe (ACE) as an Out-of-Court Dispute Settlement (ODS) Body. Under the Digital Services Act (DSA), bodies which are established in Ireland may apply to us for certification as an ODS Body.

An ODS body can help online users resolve disputes relating to decisions of online platforms, including complaints that have not been resolved by means of the internal complaint-handling system of an online platform. The decisions of ODS bodies are not binding.

ACE, a company registered in Ireland, have been granted certification for a period of five years, from 26 September 2024 to 26 September 2029. The area of expertise for which the certification is granted is the application and enforcement of terms and conditions of online platforms.

To be certified as an ODS body an applicant must satisfy the following conditions as set out in Article 21 of the DSA.

  • Impartiality and independence, including financially independence, in relation to providers of online platforms and recipients of the service.
  • Expertise in relation to areas of illegal content, or in relation to the application and enforcement of terms and conditions of online platforms.
  • Remuneration, which requires that ODS body members are remunerated in a way that is not linked to the outcome of the procedure.
  • Accessibility, which requires that the ODS settlement is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online.
  • Swift and efficient dispute settlement, which requires that the ODS body can settle disputes in a swift, efficient, and cost-effective manner and in at least one of the official languages of the institutions of the Union.
  • Clear and fair rules, which requires that the ODS settlement takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible.

Further information on the ODS Body certification process, including a guidance document and application form, can be found on our industry guidance page.

Coimisiún na Meán opens review of online platforms’ compliance with EU Digital Services Act

  • Regulator takes action to ensure platforms deal effectively with reports of illegal content online under the Digital Services Act
  • One in three digital services complaints made to Coimisiún na Meán relate to difficulties reporting illegal content online
  • Initial information-gathering phase is first step towards compliance and possible formal enforcement action and investigation
  • Coimisiún na Meán is concerned that people are having difficulty reporting illegal content to online platforms. Under the Digital Services Act, online platforms are required to act on reports of illegal content in line with the law. This concern comes following an initial review, alongside information gathered from An Coimisiún’s Contact Centre and complaints passed on by other European regulators. An Coimisiún is now initiating a formal review of online platforms’ systems, to ensure that the platforms are complying with their obligations under the EU Digital Services Act (DSA).

    Under the DSA, online platforms must have easy to access and user-friendly ways for users to report illegal content (Article 16 of the DSA). They must also have a clear and accessible point of contact for users to contact them (Article 12). Coimisiún na Meán is responsible for making sure that all platforms with their EU headquarters in Ireland follow these rules, while working closely with the European Commission and other online safety regulators across Europe.

    Coimisiún na Meán has now issued formal requests for information to a range of platforms for further comprehensive detail on their approach to reporting options for illegal content and points of contact for users. Once the information gathering phase is complete, Coimisiún na Meán will engage with the platforms to ensure that their reporting mechanisms and point of contacts comply with the requirements of the DSA. Where concerns remain, Coimisiún na Meán can issue a compliance notice directing platforms to address any shortcomings identified in their systems and processes. If this does not lead to changes and improvements, An Coimisiún can open a formal investigation. If the investigation leads to a finding of non-compliance, Coimisiún na Meán can impose sanctions, such as a fine. An Coimisiún can also enter into a binding commitment agreement with a platform, in which the platform gives undertakings to bring its behaviour into line with the law.

    John Evans, Digital Services Commissioner at Coimisiún na Meán, said “The DSA is a landmark law aimed at creating a safer and fairer online environment for users. However, its effectiveness for Irish and EU citizens hinges on the full implementation of its provisions by platforms. Of the complaints we have from people in Ireland and across Europe about online platforms, one in three are about problems when reporting illegal content online. We are intervening now to ensure that platforms follow the rules so that people can effectively exercise their rights under the DSA.’’

    Niamh Hodnett, Online Safety Commissioner at Coimisiún na Meán, said “We are committed to using the full range of powers available under our Online Safety Framework to hold platforms to account for keeping people safe online. Through the DSA, our upcoming Online Safety Code and the EU Terrorist Content Online Regulation, we are working towards a digital landscape where adults and children can go online without fear of being harmed by the content or behaviour they come across. When people see illegal content, they should report it to the platform where they saw it and if they aren’t satisfied with the platform’s response, or if they can’t find an easy way to report the content, they should get in touch with us.”

    The platforms being contacted at this point are:

    PlatformArticle 12Article 16
    TikTokYesYes
    XYesYes – where there is no overlap with ongoing European Commission investigation
    YouTubeYesYes
    MetaYesNo, subject to an ongoing European Commission investigation
    LinkedInYesYes
    TemuYesYes
    PinterestYesYes
    SheinYesNo, subject to an ongoing European Commission review
    EtsyYesYes
    DropboxYesYes
    HostelworldYesYes
    TumblrYesYes

Coimisiún na Meán awards over €10 million of funding under latest round of Sound & Vision Scheme

Newly announced Round 53 allocation represents the largest single funding round in the history of the Sound & Vision Scheme

  • Over €10.1 million in funding allocated for Round 53, with 91 projects funded covering animation, drama, documentary, entertainment and educational programming for broadcast on TV and Radio
  • 95% of funding has been allocated to independent producers, with 30% of all funding going to projects in the Irish language or bilingual
  • Additional €2 million funding secured by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to support children and young people’s programming

Coimisiún na Meán has today (09.09.24) announced the awarding of over €10.1 million of funding under the latest round of the Sound & Vision Scheme. Round 53 will fund the production of 91 projects across TV and radio by independent producers and broadcasters around the country. 95% of total funding as part of Round 53 has been provided to independent producers and 30% of all funding going to projects in the Irish language or bilingual.

Rónán Ó Domhnaill, Media Development Commissioner at Coimisiún na Meán said ‘’The Sound & Vision Scheme has gone from strength to strength, continuing to fund programming for Irish audiences, with a focus on Irish culture, heritage and experience. We are delighted to announce that Round 53 is the largest single round in Sound & Vision history, with over €10.1 million allocated to 91 new projects across TV and radio including animation, drama, documentary, entertainment and educational programming. I would also like to thank Minister Catherine Martin for the allocation of an additional €2 million in funding for children and young people’s programming, which recognises the important role of children as creators and consumers in Ireland’s media landscape. Sound & Vision remains a vital funding source for broadcasters and independent producers, enabling them to create programming for audiences that would otherwise not get made.

‘’Funding from Round 53 will contribute to An Coimisiún’s ambition of developing a thriving media landscape for Ireland that reflects the diversity of our people and traditions. Of the 35 television productions funded, 80% feature women as producers and 54% have women as directors. We look forward to seeing and hearing the projects funded under this Sound & Vision round on our screens and on our airwaves.’’

Projects funded under Round 53 of the Sound & Vision Scheme include:

  • Election ’24 – This unique collaboration between the Houses of the Oireachtas and the Electoral Commission for broadcast on Oireachtas TV will invite the audience to peek behind the curtain of a General Election and will educate Irish viewers about our democratic process.
  • First Timers on The Front Line – This series, for broadcast on Virgin Media Television will follow a group of trainees at the National Ambulance Service training hubs across the country and join them as they battle to save lives while getting their qualifications.
  • John Hume san Eoraip/John Hume in Europe – This bilingual documentary for TG4, while exploring the last half century of Irish and European history, will tell the story of one of the most transformative political figures of the 20th century, whose work helped to create one of the most successful peace processes of modern times.
  • Mondays with Maddy – A production for RTÉ Junior, this series will explore a heartwarming bond between Maddy, an energetic six-year-old and her lively 80-year-old Grandad, who was dementia. Each episode follows the duo as they playfully get lost in the moment.
  • Yesterday’s Girl/Ar Ais Arís – This eight-part series for TG4 is a live action, Irish language Young Adult drama following a trio of teen friends, who accidentally bring back a young girl, Fiadh, from 11th century Ireland to the present.
  • Puffin Rock: Series 3 – The multi-award-winning animated series will return to RTÉ Junior welcoming viewers new and old back to the island.
  • Ours to Protect: Series 2 – The return of this radio documentary series, a collaboration between the Independent Broadcasters of Ireland 16 commercial radio stations, about climate change and climate action will produce over 2,800 hours of valuable programming for radio listeners across Ireland.
  • Don’t Ask Me to Remember – Through the use of music, song and social interaction this radio documentary series for Dublin City FM, will explore the experience of Alzheimer’s Disease. Medical experts, family, carers, sufferers and artists all combine to shine a light on this condition.
  • Finscéalt Chiarraí: Scéalta Miotasacha ón Ríocht – This radio documentary series for Radio Kerry will take listeners on a magical journey through the enchanting folklore of Kerry and will be narrated by the vibrant voices of local school children in the Irish language.
  • Dying to get Ripped – this documentary series from Newstalk will give a voice to young men with eating disorders.

Round 53 will support the production of 35 projects for television, totalling €9 million and 56 radio projects, totalling over €1.1 million. 175 applications requesting over €21 million were submitted for consideration under Round 53 of the Sound & Vision Scheme and just over €10.1 million of funding awarded.

Approximately 30% of the recommended funding (over €3 million) will support the production of Irish/Bilingual projects, and 95% of the funding (over €9.6 million) goes directly to the independent production sector.

Round 53 consists of funding from the television licence fee, and funding of €2 million secured by Catherine Martin TD, Minister for Tourism, Culture, Arts, Gaeltacht, Sport, and Media, with 13 projects across television and radio being allocated funding for programming focused on children and young people.

Coimisiún na Meán launch consultation on revised Broadcasting Codes and Rules

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:

  • 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.

Latest JNLR figures released

The latest JNLR/Ipsos MRBI report into radio listening is published today (15.08.24).

On behalf of the JNLR Committee, a media release and summary information tables are available to download here.

ENDS

Please note:

Media queries regarding individual programme or station performance should be directed to IPSOS MRBI or the relevant broadcaster.

Statement on Online Threats

In recent weeks, we have seen a rise in threats of violence online directed at politicians, public figures, and members of their families. This activity can have a hugely negative impact on those targeted and undermines our democracy. Online abuse directed at elected representatives can have a chilling effect on democracy.

Threatening violence online is illegal. Under the EU Digital Services Act, online platforms must provide a way for people to report content they think is illegal. Platforms must respond to these reports in a timely and diligent manner. They must also consistently enforce their own terms and conditions relating to content.

Coimisiún na Meán does not have powers to compel the immediate removal of illegal content from online platforms. Our role is to make sure that the platforms’ content reporting systems are working effectively in compliance with the law.

We met with Meta about the threats directed at An Taoiseach and his family. We have also been in touch with representatives from An Garda Síochána and the European Commission about this incident. We are now assessing Meta’s compliance with their obligations under the EU Digital Services Act. We will be following up with Meta to seek further information about the circumstances of this incident and their response. We will then consider our next steps. We have a range of powers available to us under our Online Safety Framework, which consists of the Online Safety and Media Regulation Act, the EU Digital Services Act and the EU Terrorist Content Online Regulation.

Coimisiún na Meán seeks views on future of broadcast moratorium for elections and referendums

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.