OPINION:The public interest is not served by an uneven playing pitch for broadcasters
A VIGOROUS media with editorial independence is a vital part of any free and fair society. That, however, does not translate into an unfettered right to roam through the private lives of people.
All broadcast media, from independent broadcasters to those in State ownership, must operate within a set of rules that balance the right to broadcast with the rights of ordinary people to their good name.
Independent commercial broadcasters work within a highly regulated environment. This is as it should be. The airwaves are a public space and those of us in independent broadcasting must meet onerous conditions to be licensed and go on air. In critical respects, however, these onerous conditions do not all apply effectively to RTÉ.
The 34 independent national, multi-city, regional and local stations command the lion’s share of radio listening in Ireland, far outstripping the share of RTÉ-owned stations.
Unlike RTÉ, independent broadcasting licences are issued for 10-year periods by the Broadcasting Authority of Ireland (BAI). We operate to very detailed codes and policy statements that are monitored and policed by the BAI on behalf of the general public.
By contrast, under the 2009 Broadcasting Act, while RTÉ submits to oversight of many aspects of its operations by the BAI, it does not have to reapply for its licence and is not subject to the same level of scrutiny by the regulator. Section 53 of the 2009 Act allows the BAI to investigate any broadcaster, but perhaps it says a lot about the arm’s length nature of much of the regulation of RTÉ that it took a request from the Minister for Communications to initiate action against RTÉ in the Fr Kevin Reynolds case.
Our broadcasting legislation is clearly creating an uneven and unfair playing pitch for independent broadcasters and RTÉ – a situation exacerbated by the manner in which RTÉ is funded. At the root of the problem is the rather naked commercial mandate given to RTÉ by section 108 of the 2009 Act. This gives RTÉ carte blanche to pursue every scrap of revenue in the market using the armoury of its multimedia platforms with no reference to the impact it has on independent broadcasters.
Over the past few years, RTÉ, without having to obtain approval from the BAI and without any reference to how its activities might impact on the wider sector, has changed 2FM from a youth to an adult station, launched several new digital channels and significantly expanded its online presence. It is all the more unfair when it does so with the strong wind of the licence fee at its back.
RTÉ is unusual among state broadcasters in Europe in being heavily reliant on advertising and other commercial revenue. Approximately half of its €400 million annual budget comes from this source – the remainder from the licence fee. Independent broadcasters are solely reliant on advertising and commercial revenue and compete with RTÉ for it. Because these stations are completely dependent on advertising, the service they provide is now under threat.
The strength and popularity of local radio in Ireland has been an extraordinary success story. The levels of listenership and the connection between these stations and their local communities is unique in Europe. Whether its Highland Radio in Donegal, Radio Kerry or Tipp FM, more than two-thirds of people in these areas choose local radio over RTÉ. In the meantime, a significant portion of the licence fee paid by these listeners goes to running RTÉ radio with its small and diminishing market share.
Public service broadcasting has a key role to play in the recovery of the country, in rekindling our sense of self-belief as well as questioning and holding to account past and present decision-makers.
While RTÉ will play its part, much of this public service broadcasting will in fact take place on independent national and local stations. The Broadcasting Act 2009 failed to accept that every licensed broadcaster is truly a public broadcaster regardless of whether it is owned by the State or not. It is time the public service broadcasting by independent radio stations is recognised and supported, just as we have supported RTÉ all these years.
RTÉ’s reputation for high-quality programming has, up to now, prevented any meaningful and balanced debate about how it is regulated and how its commercial activities impact on independent broadcasters.
Perhaps the flawed manner in which the State-owned broadcaster has responded to what must stand as one of the worst defamations in the history of Irish broadcasting will now permit a closer look at how RTÉ is regulated and funded.
It enjoys extraordinary and unfair financial and legal privileges. These privileges are not just unfair on independent broadcasters; they undermine the interest of the audience which all broadcasters are licensed to serve – the public interest. That public interest is imperative and the law should be amended to reflect it.
Tim Collins is chief executive of Ocean FM, which serves Sligo, south Donegal and north Leitrim. He is an Independent Broadcasters of Ireland board member.