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Broadcasting Legislation.

Dáil Éireann Debate, Tuesday - 29 June 2004

Tuesday, 29 June 2004

Questions (32)

John Gormley

Question:

26 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the progress that has been made on the proposed inclusion in the draft new television without frontiers directive to allow national Governments regulate the advertising inserted by outside satellite broadcasters specifically for that national advertising market. [19312/04]

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Written answers

The regulation of broadcasting services specifically targeted at one member state but are subject to the national regulations of another member state was raised by Ireland in its formal submission to the EU Commission as part of the Commission's review of the television without frontiers directive.

The issue was the subject of further discussion at the informal meeting of broadcasting Ministers held in Dublin and Drogheda from 1-3 March under the Irish Presidency of the EU, at which a number of member states indicated support for the Irish position.

The meeting provided an opportunity for Ministers to hold a political discussion on some informal matters in an informal setting. In a very open, wide-ranging and provocative debate there was a marked divergence of views on the issue of jurisdictional competence. Some member states spoke forcefully against any change to the country of origin principle. Others argued strongly that broadcasting services that specifically target one member state but derive from a broadcaster in another should be subject to the regulation of the target country. Other member states indicated that while they had not adopted a position on the question they were in favour of the matter being explored further as part of the Commission's review of the directive.

At the meeting Ireland sought from the Commission a commitment that it would engage with the issue as it considers how the directive should be amended. While initially adopting a strong stance that there could be no concessions on the issue, the Commission recognised that a number of member states had serious concerns regarding jurisdiction and undertook to engage with the relevant member states concerned. This engagement will take place in the context of the review of the directive over the coming months. It is anticipated that this process will result in proposals for amendment of the directive, which will likely be brought forward by the Commission in 2005.

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