The Broadcasting Act 2009 sets out the regulatory framework in respect of the provision of Irish language content on sound broadcasting services. Under Part 6 of the Broadcasting Act 2009 the BAI facilitate the licensing of commercial and community radio stations. Pursuant to Part 6 of the Broadcasting Act 2009, matters in relation to content on radio are the subject of contractual negotiations between the BAI and the radio stations. Under section 66(2)(d) of the Act, when assessing licensing applications the BAI must have regard to the provision of Irish language content. In the course of the contractual negotiations, applicants put forward commitments for a range of broadcast issues, for example, in regard to the provision of Irish language content. Where applicable, Irish language commitments form part of a broadcaster’s individual broadcasting contract and are monitored by the BAI on an on-going basis to ensure compliance.
The Act requires RTÉ and TG4 to publish Annual Statements of Performance Commitments with targets relating to a range of broadcasting services, including Irish language performance commitments. The BAI reviews performance in the context of these statements each year under Part 7 of the Act. The BAI is independent in the performance of its duties under section 24 of the Act.
