Jim O'Callaghan
Question:63. Deputy Jim O'Callaghan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media her Department’s strategy to support media freedom; and if she will make a statement on the matter. [32432/22]
View answerTuesday, 21 June 2022
Questions (63)
Written answers
A diverse, free, independent and pluralistic media plays a vital role in any democracy by informing citizens and holding powerful institutions and interests to account, in both the public and private sectors. Media freedom in the State is underpinned by a robust legislative and constitutional foundation and a regulatory framework that is intended to protect media freedom and promote media plurality.
Article 40(6)(1°) the Constitution provides for the right of citizens to express freely their convictions and opinions. These provisions are reinforced by the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (CFREU). Article 11 of the CFREU provides for the right to freedom of expression and that the freedom and pluralism of the media shall be respected, while Article 10 of the ECHR provides for freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference by a public authority.
The existing framework for the regulation of sound and audiovisual broadcasting is set out in the Broadcasting Act 2009. The Act provides the underpinning for an independent regulator, the Broadcasting Authority of Ireland (BAI), and contains provisions to ensure that the BAI is independent of Government and that the BAI will provide a regulatory environment that will sustain independent and impartial journalism. Section 98 of the Act sets out that public service broadcasters are independent in the pursuance of their object, which specifically safeguards the editorial independence to RTÉ and TG4.
This regulatory framework will be updated by the Online Safety and Media Regulation Bill 2022, which will dissolve the BAI and establish a new regulator, Coimisiún na Meán. In particular, section 7 of the Bill requires that An Coimisiún, in performing its functions, shall endeavour to ensure that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld. In addition, section 7 further provides that An Coimisiún shall endeavour to ensure diversity and transparency in the control of communications media operating in the State and provide a regulatory environment that will sustain independent and impartial journalism.
The plurality of the media in the State, which is reflected in both diversity of content and ownership and which is an important component of media freedom, is protected through the media mergers regime set out in Part 3A of the Competition Act 2002 (as amended). The aim of the regime, which is operated by my Department, is to establish the likely effect that a proposed media merger will have on the plurality of media in the State and consequently to allow me, as Minister for Media, to make a determination as whether the media merger may be put into effect, and if so, whether the merger should be subject to conditions.
The BAI also plays a role in promoting and supporting media plurality through a Media Plurality Policy and an Ownership and Control Policy. The primary purpose of BAI’s Media Plurality Policy is to set out how the BAI will support and promote media plurality. The policy provides context for the BAI’s role in respect of media plurality; provides a definition for media plurality; outlines why media plurality is important; details policy objectives; and outlines the measures the BAI takes to promote and support media plurality in Ireland. The BAI Ownership and Control Policy gives practical effect to the obligations set out in the Broadcasting Act 2009 which the BAI must consider when deciding on the most suitable applicant for the award of a radio or television service contract. It is also used by the BAI to assess requests for changes to the ownership and control of existing broadcasting services, for example, changes in shareholdings and directors.
The Deputy may be aware that the European Commission intends to publish a proposal for a European Media Freedom Act. The Commission have indicated that the proposal will aim to ensure that the European Union (EU) media market functions better by improving legal certainty and eliminating internal market obstacles and that it will set out a mechanism to increase the transparency, independence and accountability of actions affecting media markets, freedom and pluralism within the EU. When the proposal is published, my Department will engage proactively with other Member States to ensure that the European Media Freedom Act safeguards media freedom, pluralism and the independence of media actors across the EU.
Question No. 64 answered with Question No. 42.