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IRIS 2016-9:1/21 [IE] New access rules for broadcasters

On 4 August 2016, the Broadcasting Authority of Ireland (BAI) published its updated Access Rules, which set out the rules on providing subtitling, captioning, Irish sign language and audio description for broadcasters in Ireland (for the previous rules, see IRIS 2015-3/18). In particular, the rules include targets for three new public service broadcasters, namely Oireachtas TV, UTV Ireland and Irish TV (see IRIS 2015-4/14 and IRIS 2016-8/14). Under the rules, a range of percentage targets are set for each new broadcaster that they must provide for the period 2016-2018. The target range is increased...

IRIS 2016-8:1/24 [IE] Minister designates new television channel as a public service

On 23 June 2016, the Minister for Communications, Energy and Natural Resources signed an order designating recently established Irish TV as a television service “having the character of a public service” under section 130 of the Broadcasting Act 2009. The designation means that Irish TV will now be available on Saorview, the free-to-air digital terrestrial television service (see IRIS 2014-2/25). Irish TV is a local and international channel, which offers live and recorded programming relevant to Irish people in Ireland and abroad. It began broadcasting in May 2014 under a licence issued by the...

IRIS 2016-8:1/23 [IE] BAI launch public consultation on draft General Commercial Communications Code

The Broadcasting Authority of Ireland (BAI) has launched a public consultation on a draft General Commercial Communications Code. The draft code “sets out the rules for Irish radio and television stations with regard to airing advertising, sponsorship, product placement and other forms of commercial broadcasting.” The Code clarifies for broadcasters the definitions and exclusions of various forms of paid-for communications. The BAI General Commercial Communications Code was introduced in 2010 under section 42 of the Broadcasting Act 2009 (see IRIS 2011-7/29). The BAI is required to review the effect...

IRIS 2016-8:1/22 [IE] Advertising Authority rejects complaints over “offensive and sexist” motoring advert

The Advertising Standards Authority of Ireland (ASAI) has rejected a number of complaints over a television car advert by Opel Ireland that was considered by complainants to be “offensive and sexist towards women”. The advertisement features a couple travelling in a car with the woman driving. The couple stop at a pedestrian crossing and the woman turns to her male passenger and poses the question “Do you wanna feel? It’s nice and warm”. The male passenger appears perplexed and replies “okay”, and reaches over to touch the woman’s breast. The female driver subsequently takes the man’s hand and...

IRIS 2016-8:1/21 [IE] Court of Appeal dismisses appeal by ISP against court-ordered graduated response system for copyright infringement

The Irish Court of Appeal has dismissed an appeal by the Internet service provider (ISP) UPC Communications Ireland Ltd (UPC) concerning the jurisdiction of the High Court to grant graduated response system (GRS) injunctions to support the enforcement by music companies of copyright infringements against ISPs subscribers. The term “GRS” refers to “types of steps which an ISP may be required to take against copyright infringers, ranging from warning letters at one [end] of the spectrum to orders blocking access to particular websites at the other”. The case originated in 2014 when music companies,...