Ireland

[IE] Publication of revised media service codes and rules

IRIS 2025-1:1/10

James Kneale

Bar of Ireland

On 5 December 2024, Coimisiún na Meán (the Commission), the Irish media regulatory authority, published revised broadcasting codes and rules for radio and television broadcasters as well as a new Video-on-Demand code and rules, following a public consultation.

Under the Broadcasting Act 2009 (as amended), the Commission has the power to make media service codes and media service rules. Media service codes govern the standards and practices of broadcasters and producers of audiovisual on-demand media services to ensure, amongst other things, that audiences are protected from anything harmful or unduly offensive, in particular in respect of programme material relating to gratuitous violence or sexual conduct. Media service rules relate, generally, to the amount of time permitted for broadcasting commercial communications and the accessibility of programmes by persons who are deaf or have a hearing impairment or who are blind or partially sighted. The Commission is empowered to make such codes and rules in order to give effect to the Audiovisual Media Services Directive (AVMSD).

A number of codes and rules had already been adopted by the Broadcasting Authority of Ireland (the Commission’s regulatory predecessor), which have now been revised, namely:

- Media Service Code and Rules (Advertising, Teleshopping, Signal Integrity and Information)

- Media Service Code and Rules (Advertising for Radio Broadcasters)

- Media Service Rules (Access Rules for Television Broadcasters)

- General Commercial Communications Code (Radio and Television Broadcasters)

- Children’s Commercial Communications Code (Radio and Television Broadcasters)

- Code of Fairness, Objectivity and Impartiality in News and Current Affairs (Radio and Television Broadcasters)

- Code of Programme Standards (Radio and Television Broadcasters)

- Short News Reporting Code

Notably, the Commission has now published a new Media Service Code and Rules for Audiovisual On-Demand Media Service Providers, which contains provisions on harmful content, intellectual property rights, commercial communications, sponsorship, product placement and accessibility, intended to give effect to Articles 5, 6(1), 6a(1) to (3), 7, 8, 9, 10 and 11 of the AVMSD.

All of the new and revised rules and codes took effect from 5 November 2024, with the exception of the Media Service Code and Rules (Advertising for Radio Broadcasters), the Children’s Commercial Communications Code and the Code of Fairness, Objectivity and Impartiality, which tookeffect from 6 December 2024.