Duties

Harm, offence, incitement and authority of the State

Broadcasters and providers of audiovisual on-demand media services shall not make available, in a broadcast or in a catalogue of a service, anything which may reasonably be regarded as:

• causing harm or undue offence;  
• likely to promote or incite to crime;  
• conduct falling within Article 5 of Directive (EU) 2017/5419 on combating terrorism;  
• likely to incite to violence or hatred directed against a group of persons or a member of a group; or  
• tending to undermine the authority of the State.

Privacy

Broadcasters and providers of audiovisual on-demand media services shall ensure that in programmes broadcast or included in a catalogue of a media service provider, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.  

News and current affairs

Broadcasters and providers of audiovisual on-demand media services shall ensure, in programmes broadcast or made available in a catalogue of the relevant service:  

1. that news is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views; and
2. that the treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and is presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views.  

If it is not practicable to comply with the obligations in (b) above in a single programme, two or more related programmes may be considered as a whole if the programmes are broadcast or made available in the same way on the relevant service within a reasonable period of each other.  

The above obligations in relation to news and current affairs do not prevent a broadcaster or provider from broadcasting or making available party political programmes provided that unfair preference is not given to any political party:  

1. by a broadcaster, in the allocation of time for such programmes; or 
2. in the positioning of such programmes in the catalogue of the relevant service.  

Unless subject to a derogation authorised by the Commission, radio broadcasters shall ensure that the time devoted to the broadcasting of news and current affairs on the service 

1. is not less than 20% of the broadcasting time of the service; and 
2. if the service is provided for more than 12 hours in any one day, is not less than 2 hours of the broadcasting time of the service between 07.00 and 19.00. 

The radio services established and maintained by RTÉ are deemed to be one sound broadcasting service for the purposes of these requirements.

Advertising

A programme broadcast or made available in a catalogue of an audiovisual on-demand media service may include advertisements. However, a broadcaster or relevant media service provider is not permitted to broadcast or make available in a catalogue of the relevant service the following types of advertisements:

• an advertisement directed towards a political end;  
• an advertisement with any relation to an industrial dispute; or  
• an advertisement addressing the merits or otherwise of a religious faith or belief or of becoming a member of any religion or religious organisation.  

The prohibition on advertisements directed towards a political end or having any relation to an industrial dispute does not prevent a broadcaster from broadcasting or relevant media service provider from making available party political programmes in a broadcast or a catalogue of a relevant service provided that an unfair preference is not given to any political party.  

1. by a broadcaster, in the allocation of time for such programmes; or 
2. in the positioning of such programmes in the catalogue of the relevant service.  

The prohibition on advertisements directed towards a political end or having any relation to an industrial dispute does not apply to advertisements broadcast by a broadcaster or made available in a catalogue of a relevant media service provider at the request of An Coimisiún Toghcháin in relation to referenda (pursuant to section 31 of the Electoral Reform Act 2022). 

Advertising and teleshopping time limits

Public service broadcasters must comply with the advertising time limits set out in statute which provide the total daily time allowed for advertising, the maximum period allowed for advertisements in any hour, and the time allowed for broadcasting advertisements during the periods 06.00 to 18.00 and 18.00 to 24.00. 

Advertising on radio broadcasting services should not exceed 15% of the total daily broadcasting time or 12 minutes in any clock hour. Advertising and teleshopping on television broadcasting services should not exceed 20% of the total daily broadcasting time or 12 minutes of advertising in any clock hour.  

The Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media sets the advertising limits for public service radio and television broadcasters such as RTÉ and TG4.

In addition, there are other requirements on the placement and transparency of advertising and teleshopping.

Coimisiún na Meán may also make media service codes and rules in relation to advertising.