Dáil Éireann Debate, Tuesday - 7 July 2020
49. Deputy Richard Boyd Barrett asked the Minister for Communications, Climate Action and Environment if he will consider the long-standing request of musicians and artists for broadcasters to be required to play a minimum of 40% of domestically produced music, drama and artistic output; and if he will make a statement on the matter. [14567/20]
View answerI propose to answer this question, pending the formal transfer of Broadcasting functions from my Department to the Department of Media, Tourism, Arts, Culture, Sport and the Gaeltacht. There are a number of factors which must be taken into account when considering the feasibility of introducing broadcasting content quotas. The potential benefit to the Irish artistic industry must be balanced with the rights of broadcasters, subject to their contractual or regulatory obligations, to determine the type of content they wish to broadcast and to maximise their commercial revenue particularly in the context of the current media climate. Importantly, the introduction of broadcasting quotas would need to be consistent with EU law.
An EU based example of broadcasting quotas is that of airplay quotas in France. In 1994, France introduced a mandatory quota for 40% airplay of French language music on French radio stations; this quota was reduced to 35% in 2016. Any quota for airplay would be considered to restrict free movement of services by placing music meeting certain criteria in a more advantaged position. However, a quota for airplay of music in a particular language, as is the case in France, can be justified under EU case law, as the preservation and promotion of an official language of a Member State constitutes a general interest objective. Unlike music in a particular language, a quota system for music, drama or other artistic content produced in a particular place, as suggested in this question, does not appear to have grounds for exemption from the general requirements of EU law. Therefore, a quota for broadcasting content produced in a particular Member State would be considered to restrict free movement of services by placing content produced in other Member States at a disadvantage.
However, it should be noted that traditional and contemporary Arts are among the categories set out the Broadcasting Act, 2009 as being eligible for funding under the Sound and Vision Scheme which is supported by 7% of TV licence fee receipts.
