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In 2004 the Irish Government established ECAP, the Electronic Communications Appeals Panel. It is a statutory body appointed by the Minister for Communications. Its purpose is to try to fast-track appeals by the telecommunications industry against decisions of the Commission for Communications Regulation (ComReg). The first appeal heard by ECAP was taken by Hutchison 3G Ireland against a decision of ComReg to designate it with significant market power (SMP), even before it had launched its operation. ECAP ruled on 27 September 2005 that ComReg did not undertake a proper economic analysis before...

On 10 October 2005, the Irish Minister for Communications received notification from the EU Commission that the broadcasting funding scheme established under the Broadcasting (Funding) Act 2003 is compatible with EU state aid and competition rules. The scheme, which has been devised by the Broadcasting Commission of Ireland (BCI) in accordance with the Act, is called “Sound and Vision”. “Sound and Vision” is a production grant scheme designed to support new television and radio programmes in the areas of Irish culture, heritage and experience and adult literacy. All broadcasters in the State, both...

In June 2005, the European Commission decided the question whether the Irish Language Broadcast Fund would be authorized as a legitimate form of state aid. In approving the Fund, the Commission said that “The fund meets the criteria for aid to be compatible under state aid rules set out in the Commission's Communication on certain legal aspects relating to cinematographic and other audiovisual works” (see IRIS 2001-9: 6 and IRIS 2004-4: 4). Aid to promote culture may be authorised where such aid does not unduly distort competition, according to EC Treaty state aid rules (Article 87(3)(d)). The...

On 1 February 2005 the Irish Film Censor's Office (IFCO) published a report on adolescent film usage and attitudes. This is the second phase of a research project commissioned by IFCO. The results of the first phase on Parental Usage and Attitudes to Film Classification was published in September 2004 (See IRIS 2004-9: 13).The report details the findings of a survey conduced among 1,045 adolescents (aged 12-17 years), as well as small-group interviews with twenty-four adolescents. Key findings of the research were as follows: - A large percentage of adolescents (up to 87%) watch films on a regular...

The Irish film censor has announced changes to cinema film certificates that have taken effect from 1 January 2005. This follows consultation with parents, educators, the public, film distributors and cinema managers. It also takes into account the results of a nationwide survey of parents published in September 2004 (see IRIS 2004-9: 13), which found inter alia that a significant percentage of parents found some of the classifications too strict. The censor has introduced a new "16" certificate, which restricts admission to those aged 16 and over. The censor has also re-designated the former "12PG"...