Question about the BAI etc

0rt

What out of Ireland body Regulates Irelands Broadcasting?
E.g. who regulates the regulators?

Is there an EU Regulator?

icdg

There isn't one, as such. Several DGs of the European Commission have responsibility, in theory for broadcasting matters, DG Connect nominally at least, though DG Competition probably has more practical power over the media industry.

But the BAI is constituted under national legislation (the Broadcasting Act 2009), and is appointed by the Government and accountable to the Oireachtas, it does not answer or report to any European body in any way.

0rt

The reason im asking is because ive heard, but want to research myself into the broadcasting laws here in Ireland,

Ive been having an argument with a friend who wont pay TV licence and says RTE are breaking "european law"

Apparently RTE are only allowed one or the other, advertising or licence..
Again Apparently TV3 put in a case against RTE because they were in breach of this.

I dont how true this is and im doing a bit of reading before i argue with him

Hence my asking, who regulates the regulators, is there a higher body in the EU that controls / imposes conditions on our regulators today?

I cant find anything about TV3 bringing RTE to court either..

Sam Russell

0rt wrote: »

I cant find anything about TV3 bringing RTE to court either..

TV3 have been 'bringing RTE to court' since Adam was a lad. They never actually do. I remember a few years ago, The RTE Guide mixed up TV3's shedule with UTV's on St Stephen's Day and TV3 was reported to be sueing RTE over it. How anyone noticed I'll never know, but nothing came of it. Lawyers would need cash up front before they take that kind of case.

TV3 owe €80m to NAMa which has been warehoused at 0% because they cannot pay, but they never count this as 'state aid' when they complain about RTE getting the licence fee money.

icdg

0rt wrote: »

Apparently RTE are only allowed one or the other, advertising or licence..

Not true. People in Ireland think it is normal for PSBs not to have adverts, because the BBC doesn't, and that we are some kind of odd exception. Actually dual funding is the norm in the EU - ARD, ZDF (both Germany), France Televisions, RAI (Italy), RTP (Portugal) - all of these take advertising.

Again Apparently TV3 put in a case against RTE because they were in breach of this.

They haven't taken RTÉ to court, but they did make a complaint as far back as 1999 that RTÉ was abusing the licence fee to harm TV3 competitively. Its' not the fact of the licence fee that the complaint was blamed on, rather what it was being used for - TV3 alleged that RTÉ was using it to outbid them for acquisitions. The Commission did give a preliminary ruling which had concerns but the Government addressed these concerns and the complaint was closed in 2008.

http://ec.europa.eu/eu_law/state_aids/comp-2005/e004-05.pdf

TV3 naturally were not happy but I don't think they've taken any developments down the European road since.

The Cush

icdg wrote: »

They haven't taken RTÉ to court, but they did make a complaint as far back as 1999 that RTÉ was abusing the licence fee to harm TV3 competitively. Its' not the fact of the licence fee that the complaint was blamed on, rather what it was being used for - TV3 alleged that RTÉ was using it to outbid them for acquisitions. The Commission did give a preliminary ruling which had concerns but the Government addressed these concerns and the complaint was closed in 2008.

http://ec.europa.eu/eu_law/state_aids/comp-2005/e004-05.pdf

TV3 naturally were not happy but I don't think they've taken any developments down the European road since.

Just to add, the Dept of Communication did have a webpage on that previously which I saved at the time.

Public Service Broadcasting

Funding of Public Service Broadcasting

The Amsterdam Protocol establishes the competence of Member States to provide for the funding of Public Service Broadcasting (PSB) in recognition of its direct relationship to the democratic, social and cultural needs of each society and to the need to preserve media pluralism.

The Amsterdam Protocol permits such funding insofar as it is granted to broadcasting organisations for the fulfilment of their public service remit and insofar as such funding does not affect trading conditions and competition in the Community to an extent which would be contrary to the common interest.


State Aid case

The investigation into the funding of public service broadcasting in Ireland arose in the context of a formal complaint by TV3, made originally in 1999, alleging infringements of Articles 92 – 94 of the EC Treaty relating to, among other things, the payment of licence fee revenue and direct grants to RTÉ.

Following a period of investigation, the EU Commission forwarded an Article 17 letter to the Irish Authorities on 3 March 2005 setting out its preliminary views in relation to the compatibility of the funding arrangements for RTÉ with the requirements of the EU Treaty.

Negotiations with the European Commission and the Department of Communications, Energy and Natural Resources led to the resolution of these issues in early 2008 culminating with a letter of commitment by the Irish Authorities to certain undertakings, to be formally undertaken in the context of the Broadcasting Bill, 2008, and by the Commission announcement to close the investigation on 28 February 2008.


Copies of key documentation referred to above are attached hereunder.

1. Protocol on Public Service Broadcasting
2. Irish Letter of Commitment 2008

original link - http://www.dcenr.gov.ie/Broadcasting/Public+Service+Broadcasting/

European Commission webpage on Public Service Broadcasting - http://ec.europa.eu/avpolicy/reg/psb/index_en.htm

0rt wrote: »

I cant find anything about TV3 bringing RTE to court either..

icdg wrote: »

They haven't taken RTÉ to court,

There were news reports of TV3 taking RTÉ to the High Court in row over transmission fees, haven't heard anything about it since. Previous thread on it here - http://www.boards.ie/vbulletin/showthread.php?t=2056297171

0rt

thanks lads.. it looks like what he was talkin is nonsence so