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On 14 May 2012 the Broadcasting Authority of Ireland (BAI) launched revised Access Rules for Irish television broadcasters. The Rules have immediate effect and replace the previous Broadcasting Commission of Ireland (BCI) Access Rules, which had been in place since 1 March 2005. The Rules determine the levels of subtitling (including captioning), sign language and audio description that broadcasters will be required to provide. The Rules apply to certain broadcasters within the State and do not apply to broadcast services commonly received in Ireland but licensed in other jurisdictions. Section...

On 4 May 2012 the Broadcasting Authority of Ireland (BAI) issued its statement of findings and determination following an investigation into apparent breaches by RTÉ - the national public service broadcaster - of sections of the Broadcasting Act 2009 arising from a broadcast in 2011. The programme “Mission to Prey” was broadcast on 23 May 2011 and formed part of the long-running “Prime Time Investigates” series on RTÉ Television. The programme included a segment which wrongly alleged that a Catholic priest, currently in ministry in Ireland, had in the 1980s abused a teenage girl in Africa, that...

On 15 March 2012, the Court of Justice of the European Union published two decisions (case C-162/10 and case C-135/10) on the right to equitable remuneration when a user allows his own clients to hear music as background music in a place subject to the user’s control. In case C-135/10, SCF, the Italian broadcasting and neighbouring rights collecting agency sued Mr Marco Del Corso, a dentist who played background music, free of charge, in the waiting room of his dental practice. At national level, the Court of Appeal of Turin (Italy) requested a preliminary ruling on the question whether the free...

On 7 March 2012 the Compliance Committee of the Broadcasting Authority of Ireland (BAI) upheld a complaint made by a former candidate for the office of President of Ireland. The complaint concerned the use of an unverified tweet during a live televised debate just three days prior to polling. The Committee also held that the broadcaster, RTÉ, (the national public service broadcaster), exacerbated the unfairness by including extracts of the debate in a related radio interview with the complainant broadcast the following morning. This related radio broadcast also failed to include any clarification...

On 29 February 2012 the Minister for Jobs, Innovation and Enterprise signed into law the European Union (Copyright and Related Rights) Regulations 2012. The statutory instrument amends s.40 and s.205 of the Copyright and Related Rights Act 2000 by inserting provisions that permit the owner of the copyright or a related right in a work to apply to the High Court for an injunction against an intermediary whose services are used by a third party to infringe a copyright or related right in respect of that work. The statutory instrument describes an intermediary, against whom an application for an injunction...