Amendments Nos. 5 and 15 are intended to replace two references to user-generated video with references to user-generated content. Amendment No. 5 will amend the definition of “commercial communication” to replace the reference to user-generated video with a reference to user-generated content. Amendment No. 15 will amend a line in section 7 regarding the functions of an coimisiún in respect of regulatory arrangements to again replace the reference to user-generated videos with a reference to user-generated content…

Amendment No. 5 will amend the definition of "commercial communication” to replace the reference to user-generated video with a reference to user-generated content.

Yes.

While also addressing a number of amendments tabled by Senators on Committee Stage, the Government amendments in this group give effect to my commitment to explicitly provide for the role of online safety commissioner in the Bill. This was a key recommendation of the report of the Joint Committee on Tourism, Culture, Arts, Sport and Media in its report on the pre-legislative scrutiny of the general scheme of the Bill. In this regard, amendment No. 6 provides for relevant definitions for the operation of this provis…

Amendment No. 7 is intended to address matters raised by Senators Malcolm Byrne, Cassells, Higgins and Ruane on Committee Stage. Section 7(2)(b) of the Broadcasting Act 2009 as amended by section 7 of the Bill requires that, in performing its functions, an coimisiún shall endeavour to ensure that the interests of the public, and the interests of children in particular, are protected. This amendment will further clarify this provision. With regard to the matter of child safety raised by Senators Malcolm Byrne and Ca…

Amendments Nos. 12 and 13 address matters raised by Senators Warfield, Ó Donnghaile, Gavan, Boylan, Higgins and Ruane on Committee Stage as regards the representation and participation of people on broadcasting and video-on-demand services. Section 7(2)(c) of the Broadcasting Act 2009, as amended by section 7 of the Bill, requires that an coimisiún shall endeavour to ensure that broadcasting and video on-demand services available in the State are open, inclusive and pluralistic, bearing in mind various characterist…

Amendment No. 16 would require the commission to endeavour to ensure that regulatory arrangements support equality, human rights and participation in cultural life. I agree that these should be important principles in guiding the work of the commission and I believe that these principles are set out in various provisions of the Bill as appropriate. Accordingly, I do not accept this amendment. Regarding amendment No. 17, addressing climate change and environmental degradation are some of the greatest challenges of o…

Amendment No. 18 addresses a matter raised by Senators Warfield, Ó Donnghaile, Gavan and Boylan during Committee Stage. This amendment, and its consequential amendments Nos. 19 to 22, inclusive, 28, 29 and 129, require coimisiún na meán to promote and encourage the use of the Irish language by communications media operating in the State. In this regard, communications media is defined in the Bill as: (a) broadcasting services, (b) audiovisual on-demand media services, (c) designated online services, or (d) newspape…

I think the Senator may be speaking to the next grouping.

Amendments Nos. 23 to 25, inclusive, address a number of matters raised by Senators Carrigy, Malcolm Byrne, Cassells, Higgins and Ruane on Committee Stage. As discussed on Committee Stage, section 7(3)(f) of the Broadcasting Act 2009, as inserted by the Bill, sets out the role of an coimisiún in researching, promoting and endorsing educational activities and co-operating with educational bodies in relation to all matters relating to its functions. This wide provision is designed to enable an coimisiún to play a key…

Amendment No. 30 addresses a number of matters raised by Senators Malcolm Byrne and Shane Cassells on Committee Stage, specifically the suggestion that coimisiún na meán should have regard to the policies of relevant Ministers and the Government regarding the safety of children and the regulation of gambling. This amendment provides for these matters by referring to the relevant Ministers with regard to each matter. For example, it refers to the Minister for Justice with regard to the regulation of gambling. It req…

If it is a published policy then the Government must have regard to it. Does that clarify it?

If it is a published policy by Government, then yes.

I thank the Senator for amendments Nos. 41 to 43, inclusive. The posts of commissioner and executive chair of Coimisiún na Meán will be vitally important. They will collectively constitute an coimisiún itself and ultimately be responsible for the decisions that it will take. It is important to note at the outset that the commissioners are not simply equivalent to board members. They will be fulfilling executive functions and will be considered employees of an coimisiún. As such, the provisions of employment law app…

Amendment No. 56 addresses a matter raised by Senators Malcolm Byrne and Cassells on Committee Stage. Its purpose is to require coimisiún na mean to establish a youth advisory committee as one of its advisory committees. In the drafting of the amendment, it was considered the age group the committee should represent should be those under 25 years of age including children, and that at least half of its members should be not more than 25 years of age. In this regard, the stated age profile aligns with the categorisa…

Amendment No. 59 addresses a matter raised by Senators Higgins and Ruane on Committee Stage to explicitly require coimisiún na meán to have regard to the effective use of its resources as well as the economic and efficient use of resources in preparing its statement of strategy and work programme. While section 27(1)(c) of the Broadcasting Act 2009, as amended by the Bill, sets out that the executive chairperson of an coimisiún would be accountable to the Committee of Public Accounts for the effectiveness of its op…

Amendment No. 60 addresses a matter raised by Senators Higgins and Ruane on Committee Stage regarding a requirement for coimisiún na meán, on the direction of the Minister, to provide its statement of strategy to relevant Oireachtas committees. This will allow the strategy statement to multiple Oireachtas committees where, for example, an coimisiún may be fulfilling functions of policy interest to those committees. Amendments Nos. 61 and 62 address a matter raised by Senators Higgins and Ruane on Committee Stage re…

Amendment No. 64 and those that are consequential to it, namely, amendments Nos. 65 to 67, inclusive, address a matter raised by Senator Higgins and Ruane on Committee Stage regarding the notification of a person when his or her personal data is disclosed by an coimisiún. Section 33 of the Broadcasting Act 2009, as amended by this Bill, sets out the circumstances in which and the bodies to which an coimisiún may disclose a person's personal data. The purpose of these amendments is to require coimisiún na meán to en…

As I set out on Committee Stage, I would be concerned that, as drafted, this amendment would have the unintended consequence of preventing an employee of an coimisiún from seeking to influence any considerations of an coimisiún regarding the contract of that employee. This amendment would seem to prevent employees from representing their interests to an coimisiún, their employer. This provision in the Bill, as currently drafted, was designed to prevent those very such scenarios from occurring. Accordingly, I do not…

I thank the Senator for the amendment but the figure of €2 million is derived from the definition of a media business set out in Part 3 A of the Competition Act, as amended, which provides for a framework by which we assess media mergers in the State. For reasons of consistency and proportionality, we should continue to use this figure. I cannot accept the Senator’s amendment.