TELEVISION AND radio stations will face fines of up to €250,000 if they infringe codes of conduct or licence requirements under the upgraded enforcement mechanism of a new Broadcasting Bill.
The Bill, published yesterday by Minister for Communications Eamon Ryan, also creates a new overarching authority to regulate all broadcasters, be they state-funded broadcasters such as RTÉ and TG4 or commercial stations such as TV3 and Today FM. The Broadcasting Authority of Ireland (BAI) will have the power to award licences in the independent sector as well as ensuring that all broadcasters - public and private - comply with licence conditions and standards.
Once enacted, the BCI (the body regulating the independent sector), the Broadcasting Complaints Commission and the RTÉ Authority will cease to function.
The Bill consolidates almost 50 years of Irish broadcasting legislation. In all, there are 181 sections in an Act which seeks to deal with an industry which has been the subject of massive diversification as well as rapid advances in technology.
The new financial penalties replace a very limited mechanism where the only redress open to the Broadcasting Commission of Ireland (BCI) was to take the drastic option of revoking a licence for licence or code infringements.
The new legislation also contains new mechanisms affording a "right of reply" to those who feel their reputation has been damaged by incorrect assertions. While there is no equivalent to the press ombudsman, Prof John Horgan, the remedy available closely mirrors that already developed by the print media sector. It give the complainant an opportunity to have a right of reply broadcast within a period of 15 days.
There is also provision for the establishment by RTÉ and TG4 of audience councils to represent the views of listeners and viewers.
For the first time in the State, an Oireachtas Committee will be empowered to nominate members of a State board. The Communications Committee will nominate four members of the BAI and four members each of the RTÉ and TG4 boards. In practice, this will mean that board members favoured by Opposition parties will be appointed.
Mr Ryan said yesterday that his Cabinet colleagues had fully endorsed his approach in relation to appointments. However, Government sources last night said it was unlikely the provision would create any precedent for other State boards.
The legislation will effectively impose a ban on advertising for junk food during times when children are most likely to be watching television.
In addition, the Bill includes commitments to establish two new public service broadcasters - Oireachtas TV and the Irish Film Channel. The Minister said it was important to make the proceedings of Ireland's democratic institutions amenable to the public and he hoped the Dáil and Seanad channel could be broadcasting within the next year.
Mr Ryan said the Bill would significantly change the broadcasting landscape in Ireland. It placed greater emphasis on the needs of viewers and listeners. He noted that some 420 submissions were received during the consultation process.
Fine Gael's communication spokesman, Simon Coveney, said Mr Ryan had missed the opportunity for real reform. Welcoming the ban on junk food advertising, he nevertheless asserted that the Minister could have gone further.
"The BAI should also have the power to introduce restrictions on alcohol advertising if deemed appropriate," he said.
Liz McManus of Labour welcomed the new appointment system but expressed disappointment that the broadcasting fund had remained pegged at 5 per cent of the licence fee.
Main Points
The new Broadcasting Authority of Ireland will have an overarching oversight role for public and private broadcasters
Sanctions of up to €250,000 for licence and code infringements
A new right of reply mechanism on broadcasts
The establishment of audience councils
Two new stations, Oireachtas TV and the Irish Film Channel
No licence requirements as yet for internet TV or computers
National digital transmission roll-out by September 2012
Ban on junk food advertising aimed at children
