Dáil Éireann Debate, Tuesday - 24 May 2022
181. Deputy Imelda Munster asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the estimated timeline for the introduction of the European Union Audiovisual Media Services Directive content-levy in Ireland as currently set out in the Online Safety and Media Regulation Bill 2022; and if she will make a statement on the matter. [25704/22]
Amharc ar fhreagra182. Deputy Imelda Munster asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media when she expects the first payments to be made to production companies from the proposed content-levy fund as currently set out in the Online Safety and Media Regulation Bill 2022; and if she will make a statement on the matter. [25705/22]
Amharc ar fhreagra185. Deputy Imelda Munster asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if part of the €5.5 million funding allocated to the Broadcasting Authority of Ireland for 2022 has been allocated to research to be commenced by the authority on the establishment of the production-funding levy referred to in the Online Safety and Media Regulation Bill 2022; the estimated timescale for the completion of the research; and if she will make a statement on the matter. [25708/22]
Amharc ar fhreagraI propose to take Questions Nos. 181, 182 and 185 together.
In January 2022, the Minister published the Online Safety and Media Regulation Bill 2022 which will, inter alia, dissolve the Broadcasting Authority of Ireland and establish a new regulator, Coimisiún na Meán, which will be responsible for overseeing updated regulations for broadcasting and video on-demand services and the new regulatory framework for online safety created by the Bill.
The Bill will also transpose the revised Audiovisual Media Services Directive into Irish law. Article 13(2) of that Directive gives Member States the option to levy media service providers under their jurisdiction or which are not under their jurisdiction, but that are targeting audiences in their territories, to fund the production of European works. Following a Regulatory Impact Assessment provision was made for a content production levy within the General Scheme of the Online Safety and Media Regulation Bill.
Section 53 of the Online Safety and Media Regulation Bill 2022 provides for the imposition of a content production levy (termed the ‘European works levy’) on media service providers (i.e. providers of broadcasting and video on demand services) to fund a scheme (termed ‘the European works scheme’) to support the production of European works, including Irish works. The Bill provides that both the levy and the associated scheme would be administered by Coimisiún na Meán.
It is important to note that any levy system will have to abide by the principles of proportionality and non-discrimination under EU law. Accordingly, any levy will be imposed equally on all on audiovisual media services targeting the Irish market, both Irish based and those based outside Ireland. This means that Irish media service providers such as RTÉ and Virgin Media Television will also be subject to this levy. In addition, both Irish and services established elsewhere in the European Union would be eligible to apply to the content production fund established as a result of the levy.
Furthermore, it should be noted that any levy will only apply to income earned within the State. For example, if a provider such as Netflix earns 2% of their overall EU revenues in the State, the levy can only apply to that 2% of their overall revenues.
In light of the aforementioned factors, it is not envisaged that the content production levy would be put into effect until Coimisiún na Meán has carried out independent research into the viability of such a levy in an Irish context. One of the initial priorities of An Coimisiún will be to carry out this research and to present recommendations to the Minister in this regard.
Given the importance of An Coimisiún, Government has approved its establishment on an administrative basis prior to the enactment of the Bill. While An Coimisiún will, as set out in the Bill, ultimately be funded through levies on regulated services I secured €5.5 million in Budget 2022 to provide start-up funds to resource the establishment process.
The immediate priority in this context will be the recruitment of key staff with the relevant skills and expertise to establish and lead An Coimisiún and to lay the groundwork for the commencement of its functions as set out in the Online Safety and Media Regulation Bill. It will be necessary to have such key staff in place to oversee research into the levy and make recommendations to the Minister in this regard.
