Broadcasting Act 2009

The Cush

The Broadcasting Act was signed into law by the President last Sun (12th Jul).
In addition to the section relating to DTT (posted here previously) the new act creates the new broadcasting regulator, the BAI by the end of Sept.

This is the Press Release from the Dept of Comms

Major changes heralded in broadcasting as new laws enacted

Broadcasting Act 2009 most comprehensive legislation since 1960s New regulation, new appointments, new rules on advertising, right of reply and new TV channels

Dublin, 15th July 2009

Communications Minister Eamon Ryan TD today announced that President McAleese has signed into law the Broadcasting Act 2009. The Act is the most comprehensive legislation governing broadcasting in almost 50 years.

The Broadcasting Act changes the nature of regulation in Ireland. It allows for the establishment of a new single broadcasting regulator, the Broadcasting Authority of Ireland (BAI), for both RTÉ and the independent broadcasting sector. The BAI will be established by 31 September.

Other provisions include:

New rules for appointments to the BAI, RTÉ and TG4

For the first time ever, members of the Joint Oireachtas Committee on Communications, Energy and Natural Resources will present names for nomination to these bodies.

New rules for advertising, including junk food

The BAI will place restrictions on broadcasters in terms of children’s advertising, with a new Code governing advertising for foods high in fat, salt and sugar.

In relation to religious advertising, while the fundamental prohibition remains, the BAI will have flexibility through its codes to develop clear rules.

Support for the independent sector

The Act includes an increase in the funding allocated to the Broadcasting Fund for independent production.

RTÉ will also be required to invest a minimum amount of €40m in independent radio and television production.

Right of Reply

For the first time, listeners and viewers will be entitled to a right of reply on-air.

New fine system for licence-fee

The Bill allows for TV licence defaulters to pay a fine within a set period and avoid criminal prosecution in the court.

New channels

The Act provides for the establishment of a new Irish Film Channel and Oireachtas TV.

“This is a modernising piece of legislation designed to meet the needs of the viewer and the sector as we enter a new era of broadcasting,” said Minister Ryan.

“There are real innovations in this Act, many I have long argued for and I am personally proud they will be implemented. Ceding powers of appointment is a major step for Irish politics. The new rules on advertising and implementing a right of reply, will serve to protect the viewer and the listener.

This is a massive piece of legislation which has at its heart the viewer and listener to Irish broadcast media.

It is designed to encourage creativity, diversity and the age-old art of story-telling, combined with the search for truth”.

ENDS

Note to editors:

See Minister Ryan’s comments on the Broadcasting Act 2009 at: http://www.youtube.com/watch?v=YQfnyu6JGs4

The Broadcasting Act 2009 will shortly be available on the Oireachtas website at: http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2008/2908/b29d08s.pdf

Elmo

The Cush wrote: »

New rules for appointments to the BAI, RTÉ and TG4

For the first time ever, members of the Joint Oireachtas Committee on Communications, Energy and Natural Resources will present names for nomination to these bodies.

FG and FF getting their boys into power happy days.

New rules for advertising, including junk food

The BAI will place restrictions on broadcasters in terms of children’s advertising, with a new Code governing advertising for foods high in fat, salt and sugar.

In relation to religious advertising, while the fundamental prohibition remains, the BAI will have flexibility through its codes to develop clear rules.

Hopefully the BCI have already done much of this work rather than take another 3 years to research and then deploy the new rules.

Support for the independent sector

The Act includes an increase in the funding allocated to the Broadcasting Fund for independent production.

RTÉ will also be required to invest a minimum amount of €40m in independent radio and television production.

Unfortunately RTÉ cann't afford to give 7% to the sound and vision fund and the 40million won't be reflected in radio production, most of it will go to TV. Any chance of increasing TV3s requirements to Indo producers where it currently lies at 15% of the total home produced budget going towards Indo producers. Thats worth about 2million a year. And what about insuring that TG4 source at least 50% of their productions from Gealtachta indo producers.

Right of Reply

For the first time, listeners and viewers will be entitled to a right of reply on-air.

Already part of the EU TV without frontiers

New fine system for licence-fee

The Bill allows for TV licence defaulters to pay a fine within a set period and avoid criminal prosecution in the court.

Welcome change but could be avoid as mentioned with the addition of a PBS levy on to Electricity bills.

New channels

The Act provides for the establishment of a new Irish Film Channel and Oireachtas TV.

The Irish Film Channel was to be run by the IFB/BSÉ An Bord Snip Nua recommends the closure of the IFB/BSÉ and putting its functions into the IDA, who won't be interested in funding a National TV service. OTV could be up and running tomorrow as it currently exists in the Civil Service.

What about New FTA Independent Licences to compete with the other channels?

Also I think this could be in a new thread as it mentions nothing about One Vision or DTT.

byte

Elmo wrote:

Also I think this could be in a new thread as it mentions nothing about One Vision or DTT.

Done. And moved to Broadcasting forum.

Mike 1972

One little known aspect of the new act is the increace in the (already pretty draconian) penelties for unlicenced broadcasting which may have been introduced with the possibility of some deflector operators deciding to stay on air once their licences lapse in mind ???