C16

Prospective affecting provision: section inserted by Online Safety and Media Regulation Act 2022 (41/2022), s. 40, not commenced as of date of revision.

F181[128C.— (1) The Commission may, subject to subsection (3), make rules requiring providers of interactive guides to take steps to ensure the prominence on such guides of any of the following:

(a) public service programmes, or categories of them;

(b) public service audiovisual broadcasting services, or the schedules of such services;

(c) public service audiovisual on-demand media services, or the catalogues of such services.

(2) In preparing rules under subsection (1), the Commission shall have regard to the following matters:

(a) the need to promote access by the widest possible audience to the programmes and services referred to in subsection (1);

(b) the nature of providers of interactive guides, including the technical ability of providers and the number of users of guides;

(c) the nature of public service providers, including the amount of public service programmes broadcast or made available by providers;

(d) the rights of providers of interactive guides;

(e) the rights of users of interactive guides, and their likely expectations as to the availability and prominence on such guides of the programmes and services referred to in subsection (1), with particular regard to their rights and likely expectations regarding Irish language programmes and services;

(f) contractual arrangements which may exist between public service providers and providers of interactive guides;

(g) technological developments;

(h) the proportionality of any requirement under the rules, in light of the matters referred to in paragraphs (b), (c), (d) and (e).

(3) The Commission may make rules under subsection (1)(a) only if it appears to the Commission that the programmes concerned—

(a) relate to Irish culture, history, heritage, society, sport, language, or other matters of interest to the people of the island of Ireland,

(b) contain impartial and independent journalism,

(c) relate to an event or issue of major importance to the people of the island of Ireland, and to people of Irish ancestry living abroad,

(d) relate to environmental sustainability and climate change,

(e) relate to human rights, including equality, diversity and inclusion, or

(f) relate to science or education.

(4) Rules under subsection (1) may require that different steps be taken—

(a) by different types of providers, or

(b) in relation to different types of guides.

(5) A failure to comply with any rules made under subsection (1) shall be a contravention for the purposes of Part 8B.]