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IRIS 2018-6:1/24 [IE] Broadcasting Authority allocates EUR 5.9 million under Broadcasting Funding Scheme

On 10 April 2018, the Broadcasting Authority of Ireland (BAI) announced the allocation of EUR 5.991 million to projects under its broadcasting funding scheme, “The Sound & Vision 3 Broadcasting Funding Scheme.” The scheme is operated under section 154 of the Broadcasting Act 2009, which requires the BAI to “prepare” a funding scheme to support a number of objectives, including new television or radio programmes including feature films, animation and drama on Irish culture, heritage and experience, programmes to improve adult or media literacy, programmes which raise public awareness and understanding...

IRIS 2018-5:1/22 [IE] Broadcasting Authority publishes updated guidelines in advance of upcoming referendum

On 13 March 2018, the Broadcasting Authority of Ireland (BAI) published updated Guidelines in Respect of Coverage of Referenda (for previous Guidelines, see IRIS 2015-5/19, IRIS 2013-8/27 and IRIS 2011-9/24). The guidelines have been published in advance of the planned referendum on the 36th Amendment of the Irish Constitution and further referenda on constitutional amendments and reforms to local government over the next number of years. The Broadcasting Act 2009 details the legal requirements placed on broadcasters in respect of their coverage of news and current affairs issues, including referenda....

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...