40. Part 7 of the Principal Act is amended by the insertion of the following Chapter after Chapter 6:

“Chapter 7

Availability and prominence of public service programmes and services

Interpretation

128A. In this Chapter—

‘appropriate network’ has the same meaning as it has in section 77;

‘interactive guide’ means an interface, transmitted by means of an electronic communications network, by which a person can select a service or programme to view on a platform, appropriate network or satellite television service;

‘platform’ means a service, transmitted by means of an electronic communications network and accessed by the use of an interactive guide, which re-transmits or makes available more than one audiovisual media service, including at least one audiovisual on-demand media service;

‘platform provider’ means a person who provides a platform, whether or not the person is also the provider of an interactive guide to the platform;

‘public service audiovisual broadcasting service’ means an audiovisual broadcasting service which—

(a) is provided by a corporation or a subsidiary of a corporation,

(b) is provided by the holder of a television programme service contract, under that contract, or

(c) is designated under section 128D;

‘public service audiovisual on-demand media service’ means an audiovisual on-demand media service which—

(a) is provided by a corporation or a subsidiary of a corporation,

(b) is provided by the holder of a television programme service contract, or

(c) is designated under section 128D;

‘public service programme’ means an audiovisual programme broadcast on a public service audiovisual broadcasting service or made available in a catalogue of a public service audiovisual on-demand media service;

‘public service provider’ means the provider of a public service audiovisual broadcasting service or a public service audiovisual on‑demand media service;

‘satellite television service’ has the same meaning as it has in section 77.

Must-carry and must-offer obligations for platforms

128B. (1) A platform provider shall comply with a request—

(a) by a public service provider that a particular public service audiovisual broadcasting service provided by the public service provider be re-transmitted on the platform provider’s platform, and

(b) by a public service provider that a particular public service audiovisual on-demand media service provided by the public service provider be made available on the platform provider’s platform.

(2) A public service provider shall ensure that any public service audiovisual broadcasting service or public service audiovisual on‑demand media service it provides is at all times offered to platform providers in such a way that it may be re-transmitted or made available on their platforms.

(3) The obligations in subsections (1) and (2) shall not preclude the conclusion of an agreement between the public service provider and the platform provider in relation to—

(a) the remuneration of the public service provider by the platform provider, or

(b) fair, reasonable and non-discriminatory terms of use of the public service audiovisual broadcasting service or public service audiovisual on-demand media service.

(4) If a dispute arises between a platform provider and a public service provider in relation to the remuneration of the public service provider—

(a) the dispute shall be notified to the Commission by the public service provider or the platform provider,

(b) the Commission shall take whatever steps it considers appropriate to encourage the use of mediation to resolve the dispute, and

(c) if the dispute is not resolved within a reasonable period of time the Commission shall, at the request of either the platform provider or the public service provider and following a reasonable opportunity for each of them to make submissions, make a determination in relation to the dispute.

(5) The Commission may make rules prescribing:

(a) the ways in which a platform provider may re-transmit or make available on its platform the services referred to in subsection (1) for the purposes of complying with a request;

(b) the ways in which a public service audiovisual broadcasting service may be transmitted or a public service audiovisual on-demand media service may be made available by a public service provider in order to ensure compliance with subsection (2).

(6) Where a platform is also an appropriate network or a satellite television service—

(a) in respect of the re-transmission of broadcasting services, section 77 shall apply to the platform notwithstanding this section and any rules made under it, and

(b) in respect of the making available of audiovisual on-demand media services, this section and any rules made under it, in so far as they relate to such services, shall apply to the platform.

(7) A failure to comply with subsection (1) or (2) shall be a contravention for the purposes of Part 8B.

(8) In this section, ‘re-transmission’ means the provision of near‑simultaneous, unaltered and unabridged transmission.

Prominence on interactive guides

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.

Designation of public service audiovisual broadcasting or on-demand media services

128D. (1) Subject to subsection (2), if the Commission recommends to the Minister—

(a) that a specified audiovisual broadcasting service provided by a media service provider under the jurisdiction of the State be designated as a public service audiovisual broadcasting service for the purposes of section 128B or 128C, or

(b) that a specified audiovisual on-demand media service provided by a media service provider under the jurisdiction of the State be designated as a public service audiovisual on-demand media service for the purposes of section 128B or 128C,

the Minister may make an order designating the service accordingly.

(2) The Commission shall not make a recommendation under subsection (1), and the Minister shall not make an order under that subsection, unless satisfied that the service has the character of a public service.

Consultation and laying

128E. (1) In making rules under section 128B(5) or 128C(1), or a recommendation under section 128D(1), the Commission may consult with such persons as it sees fit.

(2) Any rule made under section 128B(5) or 128C(1) shall be laid by the Commission, and any order made under section 128D(1) shall be laid by the Minister, before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule or order is passed by either such House within the next 21 days on which that House sits after the rule or order is laid before it, the rule or order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.