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IRIS 2018-5:1/21 [IE] Copyright and Other Intellectual Property Law Provisions Bill 2018 published

On 9 March 2018, the Minister for Business, Enterprise and Innovation, published the Copyright and Other Intellectual Property Law Provisions Bill 2018. The Bill amends the Copyright and Related Rights Act 2000 (see IRIS 2000-8/28) to take account of certain recommendations for amendments to that Act contained in the Report of the Copyright Review Committee entitled ‘Modernising Copyright’ published by that Committee in October 2013 (see IRIS 2014-2/24); and also to take account of certain exceptions to copyright permitted by Directive 2001/29/EC of the European Parliament and of the Council of...

IRIS 2018-5:1/20 [IE] Data Protection Commissioner and Google Ireland win High Court appeal on first ‘right to be forgotten’ case

On the 9 February 2018, the High Court overturned a finding by the Circuit Court in favour of a former local election candidate, in the first “right to be forgotten” case in Ireland concerning internet postings. In 2014, an election candidate, Mark Savage, had objected to a thread on a website, Reddit.com, describing him as a “homophobic candidate.” Reddit.com is an online discussion website. A contributor to the website called “Soupynorman” had uploaded Mr Savage’s election leaflet which referred inter alia to “gay perverts cavorting in flagrante on the beach in broad daylight” and stated that...

IRIS 2018-4:1/28 [IE] Authority upholds complaint regarding presenter’s comments about sexual assault

On 6 February 2018, the Broadcasting Authority of Ireland (BAI) upheld a complaint concerning comments made by a programme presenter on 8 September 2017 about the sexual assault of a woman in the UK and issues of responsibility. The complaint concerns “High Noon”, a programme which features current affairs, news and interviews, broadcast daily at noon on a commercial station, Newstalk 106-108FM. The complaint was submitted under Section 48(1)(b) (harm and offence) of the Broadcasting Act 2009 and the BAI Code of Programme Standards (namely, Principle 2 on the “Importance of Context”) The complaint...

IRIS 2018-4:1/27 [IE] Complaint upheld over presenter’s remark describing journalist as a “Holocaust denier”

On 6 February 2018, the Broadcasting Authority of Ireland (BAI) upheld a complaint in relation to remarks made by a presenter describing a journalist as a “Holocaust denier” as being “unfair” and “likely to mislead audiences as to his views”. The complaint concerns “Morning Ireland”, a news and current affairs programme broadcast each weekday morning from 7 a.m. until 9.a.m. on the public service broadcaster, RTÉ Radio 1. The complaint was submitted under Section 48(1) (a) of the 2009 Broadcasting Act (which deals with Fairness, Objectivity and Impartiality in News Content) and Section 4 of the...

IRIS 2018-3:1/22 [IE] Report of the Joint Committee on the Future Funding of Public Service Broadcasting

On 13 December 2017, the Report of the Joint Committee on the Future Funding of Public Service Broadcasting was laid before the Irish Parliament. The 323-page Report follows an extensive public consultation process, and evidence from broadcasters and platform providers, to investigate possible viable alternative funding models for public service broadcasting. The Report makes a number of notable recommendations. Firstly, the Committee recommends that a broadening of the existing charging regime be expanded to capture every household consuming media, regardless of the technology used. Such a new...