Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin T.D signs orders to formally establish Coimisiún na Meán and commence key provisions of the[...]

The Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin T.D. has today signed a Ministerial Order which will establish Coimisiún na Meán on a statutory basis with effect from 15 March 2023.

Minister Martin also signed a Ministerial Order to commence the sections of the Online Safety and Media Regulation Act 2022 necessary to allow Coimisiún na Meán begin the work of establishing a new regulatory framework for online safety and to update the regulatory framework for broadcasting and video on-demand services.

Minister Martin said:

"Today marks another milestone in our modernisation of the regulation of the media and digital services in Ireland. In the coming years, Coimisiún na Meán will play a vital role as both a regulatory body and media development agency.."

"The Ministerial Orders I have signed today will not only formally establish Coimisiún na Meán as a statutory body, but will confer it with the powers necessary to begin the work of protecting people in Ireland as we interact with one another in the online world."

"We want Ireland to be known for the effective and fair regulation of media and digital services. The establishment of Coimisiún na Meán marks an important step in this direction."

ENDS

Notes to Editor:

Coimisiún na Meán

Last month, Minister Martin announced the appointment of the Executive Chairperson and Commissioners of Coimisiún na Meán on an administrative basis with effect from 13 February 2023. The Establishment Order signed by the Minister will establish Coimisiún na Meán on a statutory basis with effect from 15 March 2023.

The Minister intends to appoint the Executive Chairperson and Commissioners of Coimisiún na Meán on a statutory basis with effect from 15 March 2023.

The Online Safety and Media Regulation (OSMR) Act 2022

The OSMR Act 2022 was enacted on 10 December 2022. The OSMR Act 2022 amends the Broadcasting Act 2009 to establish Coimisiún na Meán, dissolve the Broadcasting Authority of Ireland, establish a regulatory framework for online safety, update the regulation of television broadcasting and video on-demand services, and transpose the revised Audiovisual Media Services Directive into Irish law.

The Commencement Order signed by the Minister will commence the following Parts and sections of the OSMR Act 2022 with effect from 15 March 2023:

• all those Parts and sections necessary to underpin the establishment of Coimisiún na Meán, incorporating:

o Part 3, which provides for the powers, duties, functions and operation of Coimisiún na Meán;

o Part 16, which provides for the dissolution of the BAI and various transitional provisions to ensure that all functions, assets, and liabilities of Coimisiún na Meán transfer to BAI; and,

o Parts 7, 8, 10, 15, & 17 and sections 3, 7, 13, 32, 37, 38, & 50 which update references in the Broadcasting Act 2009;

• those Parts necessary to implement the revised AVMSD into Irish law as regards broadcasting and video-on-demand services, incorporating;

o Part 4 and section 4, which provide for the establishment of a register of video-on-demand services established in the State and implementation of Article 2(5b) of the revised AVMSD; and,

o Part 5 and sections 11, 12, & 39, which provide for duties on, and the making of media service codes and rules applicable to, broadcasting and video-on-demand services and implementation of Articles 5, 6(1), 6a(1) - (3), 7b, 8, 9, 10, 11, 15, 23(2), 24 and 25, Chapter VI & Chapter VII of the revised AVMSD.

• Part 11 and sections 5 & 6, which incorporate all those sections providing for the new regulatory framework for online safety, including those relating to the implementation of Articles 9(1), 28a and 28b of the revised AVMSD.

• Part 12, which provides for the powers of investigation and sanction conferred on Coimisiún na Meán;

• Part 14, which provides for the mandatory minimum quota for European works on video-on-demand services and associated provisions necessary to implement Article 13(1) and 13(6) of the revised AVMSD and confers on Coimisiún na Meán the power to impose a content production levy to fund content production schemes.