That is why I am taking the time with the officials to see what can be done. As I outlined in my response, we want to make sure, if we bring anything forward, that it does not have unnecessary implications and that what is intended will happen. We need time to consider it and then we will come back to the House on Report Stage.

To clarify, I was addressing amendment No. 112. Senator Warfield's amendment was ruled out of order, which was nothing to do with either me or my officials. It is the Bills Office that ruled it out of order. In my reply, I was addressing amendment No. 112. Everything I do is in good faith. We want to be certain that any legislation would have its intended effect, so we are taking the time to examine this issue. I thank Senator Higgins for raising it. It is something that I agree is of the utmost importance.

Amendment No. 114 would remove the requirement for media service codes to provide for standards and practice to ensure that audiences are protected from anything harmful or offensive. I cannot accept this amendment as I am of the view that the principles and policies set out in section 46N must reflect the need to protect audiences from harmful or offensive content being broadcast. This is, in part, due to the requirement in the revised directive that member states shall take appropriate measures to ensure that aud…

Amendment No. 115 would delete lines 16 and 17 which read with "due sensitivity to the convictions or feelings of the audience" and substitute it with the phrase "due sensitivity to the subject matter and the audience". It is noted that the text that is proposed to be deleted and-or replaced reflects similar language in the extant Broadcasting Act which has not, to date, been flagged as an issue in any public or stakeholder consultations carried out by my officials. In my view, the proposed wording seems to broadly…

Similar language is in the Broadcasting Act but to date that has not been flagged in any engagement my officials have had with the public or stakeholders. In regard to the text of the amendment, the subject matter at hand in this provision is set out in section 46N(2)(c), which states "that in programme material audiences are protected from anything harmful or offensive, and in particular that programme material relating to gratuitous violence or sexual conduct is presented ... with due sensitivity to the convictio…

I thank Senator Higgins for raising her concerns in amendments Nos. 116, 117, 142 and 143 regarding the terminology used in the Bill. The term “physical, mental and moral development” is a transposition of the text of the Audiovisual Media Services Directive - for example, in Articles 6(B), 9, and 28(B). The use of that terminology is required to properly transpose the directive and therefore I cannot accept these amendments.

I thank the Senator. It is not the intention of the section, as drafted, to preclude the provision of programme material related to sexual conduct for educational purposes, particularly on important topics such as consent, sexual health and relationships. Instead the provision intends to protect audiences, and children in particular, from sexual content that may be considered offensive or harmful to their well-being. I can certainly see the merit in the proposed clarification and I have asked my officials to engage…

I thank the Senator for tabling these amendments. Amendment No. 129 sets out several matters to which an coimisiún should have regard when making media service codes, while amendment No. 130 sets out that an coimisiún should have regard to section 42 of the Irish Human Rights and Equality Commission Act 2014 when making media service codes. The objective of media service codes is to provide for standards and practices that are binding on broadcasting and video-on-demand services. The Bill ensures that such standard…

Amendments Nos. 133 and 134 would have the effect of obliging the commission to prepare a report on the operation of the media service rules made under section 46O(5) of the Broadcasting Act, as amended by the Bill, on an annual basis. The requirement for review every three years, as proposed in the Bill, gives effect to Article 7.2 of the audiovisual media services directive. As the current timelines in the Bill reflect the requirements of the directive, I will not be accepting this amendment. Amendment No. 135 wo…

I appreciate that the Senator sees the issue in terms of what is set out in the audiovisual media services directive. As regards the other amendments, as I stated, they are unnecessarily over-prescriptive for legislation and I will not, therefore, be accepting them.

On the three points, we have debated the first two in the last brief. The third point is an issue for the Bills Office, because I do not have any say over what is ruled out of order.

Section 11 of the Bill makes a number of amendments to section 48 of the Broadcasting Act 2009, primarily to extend the complaints process to video-on-demand services. It is important that the complaints system operated by an coimisiún contains some provision to limit the time period to which complaints relate in order that an coimisiún is not receiving complaints relating to broadcasts that took place years prior to the complaints. That is why section 11 of the Bill maintains the existing provision in section 48 o…

As I said, amendment No. 140 would open up the complaints process to complaints relating to any broadcast made in the State as long as the complainant could group his or her complaint with a complaint made not more than 30 days after a separate broadcast. That is too wide and would just not be an effective use of the complaints procedure. I will not be accepting the amendment.

Similar to Senator Carrigy, I can see the merit of the amendment. However, I believe that the term “as soon as practicable” should be retained so as to avoid “30 days” becoming a standard time in which a complainant would be notified rather than an absolute limit. Although I do not accept the amendment today, I intend to return to the matter on Report Stage.

Fáiltím roimh an deis ráiteas a dhéanamh anseo inniu faoin ról ríthábhachtach atá ag iriseoirí i dtuairisciú limistéir choimhlinte ar fud an domhain. Time after time, journalists confront the worst that is happening around the world. They are determined, sometimes at great risk to themselves, to report honestly and truthfully not only on difficult and dangerous conflicts, but also on corruption and the violation of human rights. The fundamental purpose of journalism - the pursuit of the truth - is absolutely vital …

Section 32 of the Broadcasting Act 2009, as amended by section 7 of the Bill, provides that an coimisiún may enter into co-operation agreements with a body established in the State. As I said when speaking to amendment No. 26, this section will enable an coimisiún to engage with a range of body within the State if it will assist an coimisiún to discharge its functions. The section also provides that an coimisiún may co-operate with bodies outside of the State if they are to provide similar function an coimisiún, as…

I thank the Senator for the amendments and acknowledge her expertise in the area of data protection. Section 33 of the Broadcasting Act, as inserted by the Bill, is intended to specify the circumstances under which, and the bodies to which, the commission may disclose personal data. I believe that the intention of amendment No. 75 has been captured in section 33(2) of the Broadcasting Act, as inserted by the Bill. Throughout section 33(2) it is specified that the commission shall only disclose personal data where i…

As I have outlined, I am willing to come back on Report Stage with regard to amendments Nos. 80 and 81. I do not propose to accept amendments Nos. 75 to 79, inclusive. With regard to the expert group, I hope to receive the report in the next week. I will then need to consider it. If we go by the amount of time the group was given to do its work, then its report is due shortly.

I thank the Senators for amendments Nos. 82 and 83. The amendments appear to have the same effect in preventing the commission from co-operating with groups in the establishments of standards or self-regulatory systems. I wish to point out that it will always remain open for people to complain to the commission under the relevant media service codes and rules. Section 34 of the Broadcasting Act 2009, as amendment by section 7 of the Bill, is drafted in line with the audiovisual media services directive and allows t…

The commission will have a strong role in regulating commercial communications, including advertisement, through the media service codes which will be binding on video-on-demand services and broadcasting services and through online safety codes which will be binding on designated online services. As I said, I cannot accept these amendments that would appear to contradict the Audiovisual Media Services Directive. That directive also requires member states to foster self-regulation. This section also covers, apart fr…