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At their September and October 2012 meetings, the Compliance Committee of the Broadcasting Authority of Ireland (BAI) upheld a series of complaints made by viewers of Psychic Readings Live, which is broadcast by TV3. The complaints were made in accordance with section 48 of the Broadcasting Act 2009 and claimed that the broadcasts breached a number of sections of the BAI General Commercial Communications Code (see IRIS 2011-7/29). Commercial communications for fortune tellers and psychic services are permitted under section 8.10 of the BAI General Commercial Communications Code, provided that the...

The Irish Data Protection Commissioner has lodged an appeal to the Supreme Court against a High Court decision in EMI v. Data Protection Commissioner. The High Court judgment of 27 June 2012 found that an enforcement notice, issued by the Commissioner, directing the Internet service provider, Eircom, to cease the implementation of the three-strikes protocol on the grounds that it breached data protection and privacy law, was invalid. The protocol arises from a series of cases taken by record companies against Internet service providers seeking to address the issue of copyright infringement over...

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...