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The Broadcasting Commission of Ireland (BCI) has launched a public consultation in relation to the drafting of a new code of standards on taste and decency. The BCI is required by the Broadcasting Act 2001, s.19, to compile such a code (see IRIS 2001-4: 9). The code, which is due to be finalized for implementation in Autumn 2006, will apply to all broadcasters in the State. The public consultation ended on 28 October 2005. Earlier this year (April 2005) a complaint against RTÉ's showing of a mentally ill man being led from court in manacles was upheld by the Broadcasting Complaints Commission as...

On 8 July 2005 the High Court ruled that music companies could sue seventeen people they believe are illegally uploading thousands of music tracks onto file-sharing networks. This is the first such decision in Ireland. The judge presiding over the new Commercial Court ordered two telephone companies, Eircom and BT Communications Ireland Ltd, to disclose to four record companies the names, addresses and telephone numbers of the seventeen who are subscribers to their services. The record companies gave an undertaking that the information would be used only for the purpose of seeking redress for alleged...

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...