Broadcasting Act 2009

7

F11[ Powers and functions of Commission.

7. (1) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently.

(2) In performing its functions the Commission shall endeavour to ensure

(a) that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld,

(b) that the interests of the public, including the interests of children, are protected, with particular commitment to the safety of children,

(c) that the broadcasting services and audiovisual on-demand media services available in the State are open, inclusive and pluralistic, and that the Commission’s policies in relation to those services best serve the needs of the people of the island of Ireland, bearing in mind

(i) their languages and traditions,

(ii) their experiences, and the experiences of people of Irish ancestry living abroad,

(iii) their diversity, including religious, ethical, cultural, linguistic, socio-economic, and gender diversity,

(iv) their levels of participation in those services and their levels of representation in programmes on those services, and

(v) as regards people with disabilities, their requirements for accessibility to those services,

and

(d) that regulatory arrangements

(i) address programme material, user-generated content, and other content, which are harmful or illegal,

(ii) take account of technological and societal change, and

(iii) operate proportionately, consistently and fairly.

(3) Without prejudice to the generality of subsection (2), the Commission shall

(a) stimulate the provision of high quality, diverse, and innovative programmes by providers of broadcasting services and audiovisual on-demand media services,

(b) endeavour to ensure diversity and transparency in the control of communications media operating in the State,

(c) promote and encourage the use of the Irish language by communications media operating in the State,

(d) provide a regulatory environment that will sustain independent and impartial journalism,

(e) promote and stimulate the development of

(i) programmes in the Irish language, and

(ii) programmes relating to climate change and environmental sustainability,

(f) promote and encourage environmental sustainability in the policies and practices of providers of broadcasting services, audiovisual on‑demand media services, and relevant online services,

(g) encourage research, promote or endorse educational and training initiatives and activities, including in media literacy, and co-operate for that purpose with educational and training bodies, sporting bodies and community, local and representative bodies, and otherwise promote public awareness, knowledge and understanding, in relation to matters connected to its functions,

(h) engage in evidence-based decision-making in the exercise of its functions, and promote evidence-based decision-making by those with which it consults, and

(i) encourage compliance with the provisions of this Act, and the provisions of any code, rule or other statutory instrument made under it, in any manner the Commission considers appropriate, including by the publication of guidance as to how those provisions may be complied with.

(4) In performing its functions the Commission shall have regard to

(a) the safety of children, and published policies of the Minister for Children, Equality, Disability, Integration and Youth in respect of that matter,

(b) the regulation of gambling, and published policies of the Minister for Justice in respect of that matter,

(c) climate change and environmental sustainability, and published policies of the Minister for the Environment, Climate and Communications in respect of that matter, and

(d) published policies of the Government in respect of any matter referred to in paragraph (a), (b) or (c).

(5) The Commission shall, in so far as consistent with its other functions and its available resources

(a) provide advice on matters to which its functions relate, if requested to do so by a Minister of the Government, educational or training institution, or public body whose activities are concerned with those matters,

(b) give effect to any arrangements entered into with the Minister to stimulate the provision of high quality, diverse and innovative news and comment on current affairs

(i) by publishers of newspapers or periodicals consisting substantially of news and comment on current affairs,

(ii) by broadcasters,

(iii) by providers of programme material consisting substantially of news and comment on current affairs to a broadcaster, and

(iv) by providers of services otherwise made available on an electronic communications network and providing content, consisting substantially of news and comment on current affairs, that is under the provider’s editorial control,

(c) conduct or commission research on matters relating to its functions, including on any development outside the State, and publish, in the form and manner that it thinks fit, the findings of such research, as it considers appropriate,

(d) undertake strategic reviews of the broadcasting services sector, audiovisual on-demand media services sector, and relevant online services sector in respect of the following areas:

(i) funding of those sectors;

(ii) technological and societal change;

(iii) the protection of children;

(iv) other areas relevant to its functions, that the Minister may direct,

and

(e) co-operate, in relation to the regulation of gambling, with any public body concerned with that matter.]

Annotations:

Amendments:

F11

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 8, S.I. No. 71 of 2023.